SRC-JEC S.B. 1789 77(R)BILL ANALYSIS


Senate Research CenterS.B. 1789
By: Bivins
Intergovernmental Relations
6/7/2001
Enrolled


DIGEST AND PURPOSE 

Currently, Randall County appoints one or more practicing attorneys to
represent a defendant who is indigent.  S.B. 1789 authorizes Randall County
to create a public defender's office to provide representation to indigent
defendants. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency.  

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 26, Code of Criminal Procedure, by adding
Article 26.053, as follows: 

Art. 26.053.  PUBLIC DEFENDER IN RANDALL COUNTY.  (a) Authorizes the
Commissioners Court of Randall County to appoint an attorney to serve as a
public defender. Provides that the public defender serves at the pleasure
of the commissioners court. 

(b)  Provides that to be eligible for appointment as a public defender, a
person must be a member of the State Bar of Texas. 

(c)  Authorizes the public defender, with the approval of the commissioners
court, to employ assistant public defenders, investigators, secretaries,
and other necessary personnel.  Requires an assistant public defender to be
a licensed attorney and authorizes an assistant public defender to perform
the duties of a public defender under this article. 

(d)  Provides that a public defender's office consists of the public
defender and the personnel employed by the public defender under Subsection
(c). 

(e)  Entitles a public defender to receive an annual salary in an amount
set by the commissioners court.  Provides that Chapter 152B (Amount of
Compensation, Expenses, and Allowances Generally Applicable), Local
Government Code, applies to the compensation of personnel and the payment
of office expenses in the public defender's office. 

(f)  Prohibits a public defender or an assistant public defender, except as
authorized by this article, from engaging in the private practice of law or
accepting anything of value not authorized by this article for services
rendered under this article. 

(g)  Authorizes the commissioners court to remove a public defender or an
assistant public defender who violates Subsection (f). 

 (h)  Requires the public defender or an assistant public defender to
represent each indigent person who is: 

(1)  charged with a criminal offense in Randall County punishable by
confinement or imprisonment; 

(2)  a minor who is a party to a juvenile delinquency proceeding in the
county; or 

(3)  entitled to representation under Chapter 462 (Treatment of Chemically
Dependent Persons), Health and Safety Code, or Title 7C (Texas Mental
Health Code) or 7D (Persons With Mental Retardation Act), Health and Safety
Code. 

(i)  Authorizes the judge, if at any stage of the proceeding the judge
determines that a conflict of interest exists between the public defender
and the indigent person, to appoint another attorney to represent the
person.  Requires the attorney to be licensed to practice law in this state
and entitles the attorney to the compensation provided by Article 26.05. 

(j)  Requires the public defender's office to investigate the financial
condition of any person the public defender is appointed to represent.
Requires the public defender's office to report the results of the
investigation to the appointing judge.  Authorizes the judge to hold a
hearing to determine if the person is indigent and entitled to
representation under this article. 

(k)  Provides that, except for the provisions relating to daily appearance
fees, Article 26.05 applies to the public defender and an assistant public
defender. 

(l)  Authorizes the commissioners court to accept gifts and grants from any
source to finance an adequate and effective public defender program. 

SECTION 2.  Effective date: upon passage or September 1, 2001.