77R11330 E
By Hinojosa, Kitchen, Keel, Goodman, H.B. No. 1745
Gutierrez, et al.
Substitute the following for H.B. No. 1745:
By Hinojosa C.S.H.B. No. 1745
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the period during which a person arrested is required
1-3 to be taken before a magistrate and to the appointment and
1-4 compensation of counsel to represent indigent persons accused of
1-5 crime.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. This Act may be known as the Texas Fair Defense
1-8 Act.
1-9 SECTION 2. Article 1.051, Code of Criminal Procedure, is
1-10 amended by amending Subsection (c) and adding Subsections (i) and
1-11 (j) to read as follows:
1-12 (c) An indigent defendant is entitled to have an attorney
1-13 appointed to represent him in any adversary judicial proceeding
1-14 that may result in punishment by confinement and in any other
1-15 criminal proceeding if the court concludes that the interests of
1-16 justice require representation. Except as otherwise provided by
1-17 this subsection, if [If] an indigent defendant is entitled to and
1-18 requests appointed counsel, a [the] court or the courts' designee
1-19 authorized under Article 26.04 to appoint counsel for indigent
1-20 defendants in the county shall appoint counsel [to represent the
1-21 defendant] as soon as possible, but not later than the end of the
1-22 third working day after the date on which the court or the courts'
1-23 designee receives the defendant's request for appointment of
1-24 counsel. In a county with a population of 250,000 or more, the
2-1 court or the courts' designee shall appoint counsel as required by
2-2 this subsection as soon as possible, but not later than the end of
2-3 the first working day after the date on which the court or the
2-4 courts' designee receives the defendant's request for appointment
2-5 of counsel.
2-6 (i) A court or the courts' designee shall appoint counsel
2-7 for an indigent defendant as required by Subsection (c) regardless
2-8 of whether charges have been filed against the defendant.
2-9 (j) A court or the courts' designee may without unnecessary
2-10 delay appoint new counsel to represent an indigent defendant for
2-11 whom counsel is appointed under Subsection (c) if:
2-12 (1) the defendant is subsequently charged in the case
2-13 with an offense different from the offense with which the defendant
2-14 was initially charged; and
2-15 (2) legal cause to appoint new counsel is stated on
2-16 the record as required by Article 26.04(j)(2).
2-17 SECTION 3. Article 14.06(a), Code of Criminal Procedure, is
2-18 amended to read as follows:
2-19 (a) Except as provided by Subsection (b), in each case
2-20 enumerated in this Code, the person making the arrest or the person
2-21 having custody of the person arrested shall take the person
2-22 arrested or have him taken without unnecessary delay, but not later
2-23 than 48 hours after the person is arrested, before the magistrate
2-24 who may have ordered the arrest, before some magistrate of the
2-25 county where the arrest was made without an order, or, if necessary
2-26 to provide more expeditiously to the person arrested the warnings
2-27 described by Article 15.17 of this Code, before a magistrate in a
3-1 county bordering the county in which the arrest was made. The
3-2 magistrate shall immediately perform the duties described in
3-3 Article 15.17 of this Code.
3-4 SECTION 4. Article 15.17, Code of Criminal Procedure, is
3-5 amended by amending Subsection (a) and adding Subsections (e) and
3-6 (f) to read as follows:
3-7 (a) In each case enumerated in this Code, the person making
3-8 the arrest or the person having custody of the person arrested
3-9 shall without unnecessary delay, but not later than 48 hours after
3-10 the person is arrested, take the person arrested or have him taken
3-11 before some magistrate of the county where the accused was arrested
3-12 or, if necessary to provide more expeditiously to the person
3-13 arrested the warnings described by this article, before a
3-14 magistrate in a county bordering the county in which the arrest was
3-15 made. The arrested person may be taken before the magistrate in
3-16 person or the image of the arrested person may be broadcast by
3-17 closed circuit television to the magistrate. The magistrate shall
3-18 inform in clear language the person arrested, either in person or
3-19 by closed circuit television, of the accusation against him and of
3-20 any affidavit filed therewith, of his right to retain counsel, of
3-21 his right to remain silent, of his right to have an attorney
3-22 present during any interview with peace officers or attorneys
3-23 representing the state, of his right to terminate the interview at
3-24 any time, [of his right to request the appointment of counsel if he
3-25 is indigent and cannot afford counsel,] and of his right to have an
3-26 examining trial. The magistrate shall also inform the person
3-27 arrested of the person's right to request the appointment of
4-1 counsel if the person cannot afford counsel. The magistrate shall
4-2 inform the person arrested of the procedures for requesting
4-3 appointment of counsel in a manner understood by the person. If
4-4 the person does not speak and understand the English language or is
4-5 deaf, the magistrate shall inform the person in a manner consistent
4-6 with Articles 38.30 and 38.31, as appropriate. The magistrate
4-7 shall cause to be provided to the person at the same time
4-8 reasonable assistance in completing the necessary forms for
4-9 requesting appointment of counsel. If the person arrested is
4-10 indigent and requests appointment of counsel and if the magistrate
4-11 is authorized under Article 26.04 to appoint counsel for indigent
4-12 defendants in the county, the magistrate shall appoint counsel in
4-13 accordance with Article 1.051, regardless of whether charges have
4-14 been filed against the person. If the magistrate is not authorized
4-15 to appoint counsel, the magistrate shall without unnecessary delay,
4-16 but not later than 24 hours after the person arrested requests
4-17 appointment of counsel, transmit, or cause to be transmitted to the
4-18 court or to the courts' designee authorized under Article 26.04 to
4-19 appoint counsel in the county, the forms requesting the appointment
4-20 of counsel. The magistrate [He] shall also inform the person
4-21 arrested that he is not required to make a statement and that any
4-22 statement made by him may be used against him. The magistrate shall
4-23 allow the person arrested reasonable time and opportunity to
4-24 consult counsel and shall admit the person arrested to bail if
4-25 allowed by law. A closed circuit television system may not be used
4-26 under this subsection unless the system provides for a two-way
4-27 communication of image and sound between the arrested person and
5-1 the magistrate. A recording of the communication between the
5-2 arrested person and the magistrate shall be made. The recording
5-3 shall be preserved until the earlier of the following dates: (1)
5-4 the date on which the pretrial hearing ends; or (2) the 91st day
5-5 after the date on which the recording is made if the person is
5-6 charged with a misdemeanor or the 120th day after the date on which
5-7 the recording is made if the person is charged with a felony. The
5-8 counsel for the defendant may obtain a copy of the recording on
5-9 payment of a reasonable amount to cover costs of reproduction.
5-10 (e) In each case in which a person arrested is taken before
5-11 a magistrate as required by Subsection (a), a record shall be made
5-12 of:
5-13 (1) the magistrate informing the person of the
5-14 person's right to request appointment of counsel;
5-15 (2) the magistrate asking the person whether the
5-16 person wants to request appointment of counsel; and
5-17 (3) whether the person requested appointment of
5-18 counsel.
5-19 (f) A record required under Subsection (e) may consist of
5-20 written forms or other documentation as authorized by procedures
5-21 adopted in the county under Article 26.04(a).
5-22 SECTION 5. Article 26.04, Code of Criminal Procedure, is
5-23 amended to read as follows:
5-24 Art. 26.04. PROCEDURES FOR APPOINTING [COURT SHALL APPOINT]
5-25 COUNSEL. (a) The judges of the county courts, statutory county
5-26 courts, and district courts trying criminal cases in each county,
5-27 by local rule, shall adopt and publish written county-wide
6-1 procedures for timely and fairly appointing counsel for an indigent
6-2 defendant in the county arrested for or charged with a misdemeanor
6-3 punishable by confinement or a felony. The procedures must be
6-4 consistent with this article and Articles 1.051, 15.17, 26.05, and
6-5 26.052. A court shall appoint an attorney from a public
6-6 appointment list using a system of rotation, unless the court
6-7 appoints an attorney under Subsection (f), (h), or (i). The court
6-8 shall appoint attorneys from among the next five names on the
6-9 appointment list in the order in which the attorneys' names appear
6-10 on the list, unless the court makes a finding of good cause on the
6-11 record for appointing an attorney out of order. An attorney who is
6-12 not appointed in the order in which the attorney's name appears on
6-13 the list shall remain next in order on the list.
6-14 (b) Procedures adopted under Subsection (a) shall:
6-15 (1) authorize only the judges of the county courts,
6-16 statutory county courts, and district courts trying criminal cases
6-17 in the county, or the judges' designee, to appoint counsel for
6-18 indigent defendants in the county;
6-19 (2) apply to each appointment of counsel made by a
6-20 judge or the judges' designee in the county;
6-21 (3) ensure that each indigent defendant in the county
6-22 who is charged with a misdemeanor punishable by confinement or with
6-23 a felony and who appears in court without counsel has an
6-24 opportunity to confer with appointed counsel before the
6-25 commencement of judicial proceedings;
6-26 (4) require appointments for defendants in capital
6-27 cases in which the death penalty is sought to comply with the
7-1 requirements under Article 26.052; and
7-2 (5) ensure that each attorney appointed from a public
7-3 appointment list to represent an indigent defendant perform the
7-4 attorney's duty owed to the defendant in accordance with the
7-5 adopted procedures.
7-6 (c) Whenever a [the] court or the courts' designee
7-7 authorized under Subsection (b) to appoint counsel for indigent
7-8 defendants in the county determines that a defendant accused of
7-9 [charged with] a felony or a misdemeanor punishable by confinement
7-10 [imprisonment] is indigent or that the interests of justice require
7-11 representation of a defendant in a criminal proceeding, the court
7-12 or the courts' designee shall appoint one or more practicing
7-13 attorneys to defend the defendant in accordance with the procedures
7-14 adopted under Subsection (a), regardless of whether charges have
7-15 been filed against the defendant [him].
7-16 (d) A public appointment list from which an attorney is
7-17 appointed as required by Subsection (a) shall contain the names of
7-18 qualified attorneys, each of whom:
7-19 (1) applies to be included on the list;
7-20 (2) meets the objective qualifications specified by
7-21 the judges under Subsection (e); and
7-22 (3) is approved by a majority of the judges who
7-23 established the appointment list under Subsection (e).
7-24 (e) In a county in which a court is required under
7-25 Subsection (a) to appoint an attorney from a public appointment
7-26 list:
7-27 (1) the judges of the county courts and statutory
8-1 county courts trying misdemeanor cases in the county, by formal
8-2 action:
8-3 (A) shall:
8-4 (i) establish a public appointment list of
8-5 attorneys qualified to provide representation in the county in
8-6 misdemeanor cases punishable by confinement; and
8-7 (ii) specify the objective qualifications
8-8 necessary for an attorney to be included on the list; and
8-9 (B) may establish, if determined by the judges
8-10 to be appropriate, more than one appointment list graduated
8-11 according to the degree of seriousness of the offense and the
8-12 attorneys' qualifications; and
8-13 (2) the judges of the district courts trying felony
8-14 cases in the county, by formal action:
8-15 (A) shall:
8-16 (i) establish a public appointment list of
8-17 attorneys qualified to provide representation in felony cases in
8-18 the county; and
8-19 (ii) specify the objective qualifications
8-20 necessary for an attorney to be included on the list; and
8-21 (B) may establish, if determined by the judges
8-22 to be appropriate, more than one appointment list graduated
8-23 according to the degree of seriousness of the offense and the
8-24 attorneys' qualifications.
8-25 (f) In a county in which a public defender is appointed
8-26 under Article 26.044, the court or the courts' designee may appoint
8-27 the public defender to represent the defendant in accordance with
9-1 guidelines established for the public defender.
9-2 (g) A county-wide alternative program for appointing counsel
9-3 for indigent defendants in criminal cases is established by a
9-4 formal action in which two-thirds of the judges of the courts
9-5 designated under this subsection vote to establish the alternative
9-6 program. An alternative program for appointing counsel in
9-7 misdemeanor and felony cases may be established in the manner
9-8 provided by this subsection by the judges of the county courts,
9-9 statutory county courts, and district courts trying criminal cases
9-10 in the county. An alternative program for appointing counsel in
9-11 misdemeanor cases may be established in the manner provided by this
9-12 subsection by the judges of the county courts and statutory county
9-13 courts trying criminal cases in the county. An alternative program
9-14 for appointing counsel in felony cases may be established in the
9-15 manner provided by this subsection by the judges of the district
9-16 courts trying criminal cases in the county. In a county in which
9-17 an alternative program is established:
9-18 (1) the alternative program may:
9-19 (A) use a single method for appointing counsel
9-20 or a combination of methods; and
9-21 (B) use a multicounty appointment list using a
9-22 system of rotation; and
9-23 (2) the procedures adopted under Subsection (a) must
9-24 ensure that:
9-25 (A) attorneys appointed using the alternative
9-26 program to represent defendants in misdemeanor cases punishable by
9-27 confinement:
10-1 (i) meet specified objective
10-2 qualifications, which may be graduated according to the degree of
10-3 seriousness of the offense, for providing representation in
10-4 misdemeanor cases punishable by confinement; and
10-5 (ii) are approved by a majority of the
10-6 judges of the county courts and statutory county courts trying
10-7 misdemeanor cases in the county;
10-8 (B) attorneys appointed using the alternative
10-9 program to represent defendants in felony cases:
10-10 (i) meet specified objective
10-11 qualifications, which may be graduated according to the degree of
10-12 seriousness of the offense, for providing representation in felony
10-13 cases; and
10-14 (ii) are approved by a majority of the
10-15 judges of the district courts trying felony cases in the county;
10-16 (C) appointments for defendants in capital cases
10-17 in which the death penalty is sought comply with the requirements
10-18 of Article 26.052; and
10-19 (D) appointments are reasonably and impartially
10-20 allocated among qualified attorneys.
10-21 (h) In a county in which an alternative program for
10-22 appointing counsel is established as provided by Subsection (g) and
10-23 is approved by the presiding judge of the administrative judicial
10-24 region, a court or the courts' designee may appoint an attorney to
10-25 represent an indigent defendant by using the alternative program.
10-26 In establishing an alternative program under Subsection (g), the
10-27 judges of the courts establishing the program may not, without the
11-1 approval of the commissioners court, obligate the county by
11-2 contract or by the creation of new positions that cause an increase
11-3 in expenditure of county funds.
11-4 (i) A court or the courts' designee required under
11-5 Subsection (c) to appoint an attorney to represent a defendant
11-6 accused of a felony may appoint an attorney from any county located
11-7 in the court's administrative judicial region.
11-8 (j) An attorney appointed under this article [subsection]
11-9 shall:
11-10 (1) make every reasonable effort to contact the
11-11 defendant not later than the end of the first working day after the
11-12 date on which the attorney is appointed and to interview the
11-13 defendant as soon as practicable after the attorney is appointed;
11-14 and
11-15 (2) represent the defendant until charges are
11-16 dismissed, the defendant is acquitted, appeals are exhausted, or
11-17 the attorney is relieved of his duties by the court or replaced by
11-18 other counsel after a finding of good cause is entered on the
11-19 record.
11-20 (k) A court may replace an attorney who violates Subsection
11-21 (j)(1) with other counsel. A majority of the judges of the county
11-22 courts and statutory county courts or the district courts, as
11-23 appropriate, trying criminal cases in the county may remove from
11-24 consideration for appointment an attorney who intentionally or
11-25 repeatedly violates Subsection (j)(1).
11-26 (l) Procedures adopted under Subsection (a) must include
11-27 procedures and financial standards for determining whether a
12-1 defendant is indigent. The procedures and standards shall apply to
12-2 each defendant in the county equally, regardless of whether the
12-3 defendant is in custody or has been released on bail.
12-4 (m) [(b)] In determining whether a defendant is indigent,
12-5 the court or the courts' designee may [shall] consider [such
12-6 factors as] the defendant's income, source of income, assets,
12-7 property owned, outstanding obligations, necessary expenses, the
12-8 number and ages of dependents, spousal income that is available to
12-9 the defendant, and the defendant's ability to obtain a loan[, and
12-10 whether the defendant has posted or is capable of posting bail].
12-11 The court or the courts' designee may not consider whether [deny
12-12 appointed counsel to a defendant solely because] the defendant has
12-13 posted or is capable of posting bail, except to the extent that it
12-14 reflects the defendant's financial circumstances as measured by the
12-15 considerations listed in this subsection.
12-16 (n) [(c)] A defendant who requests a determination of
12-17 indigency and appointment of counsel shall:
12-18 (1) complete under oath a questionnaire concerning his
12-19 financial resources;
12-20 (2) respond under oath to an examination regarding his
12-21 financial resources by the judge or magistrate responsible for
12-22 determining whether the defendant is indigent; or
12-23 (3) complete the questionnaire and respond to
12-24 examination by the judge or magistrate.
12-25 (o) [(d)] Before making a determination of whether a
12-26 defendant is indigent, the court shall request the defendant to
12-27 sign under oath a statement substantially in the following form:
13-1 "On this ________ day of ____________, 20 [19]___, I have been
13-2 advised by the (name of the court) Court of my right to
13-3 representation by counsel in the trial of the charge pending
13-4 against me. I certify that I am without means to employ counsel of
13-5 my own choosing and I hereby request the court to appoint counsel
13-6 for me. (signature of the defendant)"
13-7 (p) A defendant who is determined by the court to be
13-8 indigent is presumed to remain indigent for the remainder of the
13-9 proceedings in the case unless a material change in the defendant's
13-10 financial circumstances occurs. [(e)] If there is a material
13-11 change in financial circumstances after a determination of
13-12 indigency or nonindigency is made, the defendant, the defendant's
13-13 counsel, or the attorney representing the state may move for
13-14 reconsideration of the determination.
13-15 (q) [(f)] A written or oral statement elicited under this
13-16 article or evidence derived from the statement may not be used for
13-17 any purpose, except to determine the defendant's indigency or to
13-18 impeach the direct testimony of the defendant. This subsection
13-19 does not prohibit prosecution of the defendant under Chapter 37,
13-20 Penal Code.
13-21 SECTION 6. Article 26.044, Code of Criminal Procedure, is
13-22 amended to read as follows:
13-23 Art. 26.044. PUBLIC DEFENDER [IN COUNTY WITH FOUR COUNTY
13-24 COURTS AND FOUR DISTRICT COURTS]. (a) In this chapter, "public
13-25 defender" means a governmental entity or nonprofit corporation:
13-26 (1) operating under a written agreement with a
13-27 governmental entity, other than an individual judge or court;
14-1 (2) using public funds; and
14-2 (3) providing legal representation and services to
14-3 indigent defendants accused of a crime or juvenile offense, as
14-4 those terms are defined by Section 71.001, Government Code.
14-5 (b) The commissioners court of any county, on written
14-6 approval of a judge of a county court, statutory county court, or
14-7 district court trying criminal cases in the county, [having four
14-8 county courts and four district courts] may appoint a governmental
14-9 entity or nonprofit corporation [one or more attorneys] to serve as
14-10 a public defender. The commissioners courts of two or more
14-11 counties may enter into a written agreement to jointly appoint and
14-12 fund a regional [A] public defender [serves at the pleasure of the
14-13 commissioners court]. In appointing a public defender under this
14-14 subsection, the commissioners court shall specify or the
14-15 commissioners courts shall jointly specify, if appointing a
14-16 regional public defender:
14-17 (1) the duties of the public defender; and
14-18 (2) the types of cases to which the public defender
14-19 may be appointed under Article 26.04(f) and the courts in which the
14-20 public defender may be required to appear.
14-21 (c) Before appointing a public defender under Subsection
14-22 (b), the commissioners court or commissioners courts shall solicit
14-23 proposals for the public defender. A proposal must include:
14-24 (1) a budget for the public defender, including
14-25 salaries;
14-26 (2) a description of each personnel position,
14-27 including the chief public defender position;
15-1 (3) the maximum allowable caseloads for each attorney
15-2 employed by the proponent;
15-3 (4) provisions for personnel training;
15-4 (5) a description of anticipated overhead costs for
15-5 the public defender; and
15-6 (6) policies regarding the use of licensed
15-7 investigators and expert witnesses by the proponent.
15-8 (d) After considering each proposal for the public defender
15-9 submitted by a governmental entity or nonprofit corporation, the
15-10 commissioners court or commissioners courts shall select a proposal
15-11 that reasonably demonstrates that the proponent will provide
15-12 adequate quality representation for indigent defendants in the
15-13 county or counties.
15-14 (e) The total cost of the proposal may not be the sole
15-15 consideration in selecting a proposal.
15-16 (f) [(b)] To be eligible for appointment as a public
15-17 defender, the governmental entity or nonprofit corporation [a
15-18 person] must be directed by a chief public defender who:
15-19 (1) is [be] a member of the State Bar of Texas;
15-20 (2) has [have] practiced law for at least three years
15-21 [one year]; and
15-22 (3) has substantial [have] experience in the practice
15-23 of criminal law.
15-24 (g) A [(c) The] public defender is entitled to receive
15-25 funds for personnel costs and expenses incurred in operating as a
15-26 public defender in amounts [an annual salary in an amount] fixed
15-27 by the commissioners court and paid out of the appropriate county
16-1 fund, or jointly fixed by the commissioners courts and
16-2 proportionately paid out of each appropriate county fund if the
16-3 public defender serves more than one county.
16-4 (h) A public defender may employ attorneys, licensed
16-5 investigators, and other personnel necessary to perform the duties
16-6 of the public defender as specified by the commissioners court or
16-7 commissioners courts under Subsection (b)(1).
16-8 (i) [(d)] Except as authorized by this article, the chief
16-9 [a] public defender or an attorney employed by a public defender
16-10 may not:
16-11 (1) engage in the private practice of criminal law; or
16-12 (2) accept anything of value not authorized by this
16-13 article for services rendered under this article.
16-14 (j) A public defender may refuse an appointment under
16-15 Article 26.04(f) if:
16-16 (1) a conflict of interest exists;
16-17 (2) the public defender has insufficient resources to
16-18 provide adequate representation for the defendant;
16-19 (3) the public defender is incapable of providing
16-20 representation for the defendant in accordance with the rules of
16-21 professional conduct; or
16-22 (4) the public defender shows other good cause for
16-23 refusing the appointment.
16-24 (k) [(e)] The judge may remove a public defender who
16-25 violates a provision of Subsection (i) [(d) of this article].
16-26 (l) [(f) A public defender or an attorney appointed by a
16-27 court of competent jurisdiction shall represent each indigent
17-1 person who is charged with a criminal offense in a county having at
17-2 least four county courts and at least four district courts and each
17-3 indigent minor who is a party to a juvenile delinquency proceeding
17-4 in the county.]
17-5 [(g)] A public defender may investigate the financial
17-6 condition of any person the public defender is appointed to
17-7 represent. The defender shall report the results of the
17-8 investigation to the appointing judge. The judge may hold a hearing
17-9 to determine if the person is indigent and entitled to
17-10 representation under this article.
17-11 (m) [(h)] If it is necessary that an attorney other than a
17-12 public defender be [is] appointed, the attorney is entitled to the
17-13 compensation provided by Article 26.05 of this code.
17-14 [(i) At any stage of the proceeding, including appeal or
17-15 other postconviction proceedings, the judge may appoint another
17-16 attorney to represent the person. The substitute attorney is
17-17 entitled to the compensation provided by Article 26.05 of this
17-18 code.]
17-19 [(j) Except for the provisions relating to daily appearance
17-20 fees, Article 26.05 of this code applies to a public defender
17-21 appointed under this article.]
17-22 SECTION 7. Article 26.05, Code of Criminal Procedure, is
17-23 amended to read as follows:
17-24 Art. 26.05. COMPENSATION OF COUNSEL APPOINTED TO DEFEND. (a)
17-25 A counsel, other than an attorney with a public defender
17-26 [defender's office], appointed to represent a defendant in a
17-27 criminal proceeding, including a habeas corpus hearing, shall be
18-1 [reimbursed for reasonable expenses incurred with prior court
18-2 approval for purposes of investigation and expert testimony and
18-3 shall be] paid a reasonable attorney's fee for performing the
18-4 following services, based on the time and labor required, the
18-5 complexity of the case, and the experience and ability of the
18-6 appointed counsel:
18-7 (1) time spent in court making an appearance on behalf
18-8 of the defendant as evidenced by a docket entry, time spent in
18-9 trial, and [or] time spent in a proceeding in which sworn oral
18-10 testimony is elicited;
18-11 (2) reasonable and necessary time spent out of court
18-12 on the case, supported by any documentation that the court
18-13 requires; [and]
18-14 (3) preparation of an appellate brief and preparation
18-15 and presentation of oral argument to a court of appeals or the
18-16 Court of Criminal Appeals; and
18-17 (4) preparation of a motion for rehearing.
18-18 (b) All payments made under this article shall be paid in
18-19 accordance with a schedule of fees adopted by formal action of the
18-20 judges of the county courts, statutory county courts, and district
18-21 courts trying criminal cases in [county and district criminal court
18-22 judges within] each county[, except that in a county with only one
18-23 judge with criminal jurisdiction the schedule will be adopted by
18-24 the administrative judge for that judicial district].
18-25 (c) Each fee schedule adopted shall state reasonable [will
18-26 include a] fixed rates or [rate,] minimum and maximum hourly rates,
18-27 taking into consideration overhead costs and customary rates
19-1 charged for similar legal services in the community, [and daily
19-2 rates] and shall [will] provide a form for the appointed counsel to
19-3 itemize [reporting] the types of services performed [in each one].
19-4 No payment shall be made under this article [section] until the
19-5 form for itemizing [reporting] the services performed is submitted
19-6 to the judge presiding over the proceedings and the judge approves
19-7 the payment. If the judge disapproves the requested amount of
19-8 payment, the judge shall make written findings stating the amount
19-9 of payment that the judge approves and each reason for approving an
19-10 amount different from the requested amount. An attorney whose
19-11 request for payment is disapproved may appeal the disapproval by
19-12 filing a motion with the presiding judge of the administrative
19-13 judicial region. On the filing of a motion, the presiding judge of
19-14 the administrative judicial region shall review the disapproval of
19-15 payment and determine the appropriate amount of payment. In
19-16 reviewing the disapproval, the presiding judge may conduct a
19-17 hearing. Not later than the 45th day after the date an application
19-18 for payment of a fee is submitted under this article, the
19-19 commissioners court shall pay to the appointed counsel the amount
19-20 approved by the presiding judge [and approved by the court and is
19-21 in accordance with the fee schedule for that county].
19-22 (d) A counsel in a non-capital case, other than an attorney
19-23 with a public defender, appointed to represent a defendant under
19-24 this code shall be reimbursed for reasonable expenses, including
19-25 expenses for investigation and for mental health and other experts.
19-26 Expenses incurred with prior court approval shall be reimbursed in
19-27 the same manner provided for capital cases by Articles 26.052(f)
20-1 and (g), and expenses incurred without prior court approval shall
20-2 be reimbursed in the manner provided for capital cases by Article
20-3 26.052(h).
20-4 (e) All payments made under this article shall be paid from
20-5 the general fund of the county in which the prosecution was
20-6 instituted or habeas corpus hearing held and may be included as
20-7 costs of court.
20-8 (f) [(e)] If the court determines that a defendant has
20-9 financial resources that enable him to offset in part or in whole
20-10 the costs of the legal services provided, including any expenses
20-11 and costs, the court shall order the defendant to pay during the
20-12 pendency of the charges or, if convicted, as court costs the amount
20-13 that it finds the defendant is able to pay.
20-14 (g) [(f)] Reimbursement of expenses incurred for purposes of
20-15 investigation or expert testimony may be paid directly to a private
20-16 investigator licensed under Chapter 1702, Occupations Code, [the
20-17 Private Investigators and Private Security Agencies Act (Article
20-18 4413(29bb), Vernon's Texas Civil Statutes)] or to an expert witness
20-19 in the manner designated by appointed counsel and approved by the
20-20 court.
20-21 SECTION 8. Article 26.052, Code of Criminal Procedure, is
20-22 amended by amending Subsections (d) and (e) and adding Subsection
20-23 (m) to read as follows:
20-24 (d)(1) The committee shall adopt standards for the
20-25 qualification of attorneys to be appointed to represent indigent
20-26 defendants in capital cases in which the death penalty is sought
20-27 [for appointment to death penalty cases].
21-1 (2) The standards must require that an attorney
21-2 appointed to a death penalty case:
21-3 (A) be a member of the State Bar of Texas;
21-4 (B) exhibit proficiency and commitment to
21-5 providing quality representation to defendants in death penalty
21-6 cases;
21-7 (C) have at least five years of experience in
21-8 criminal litigation;
21-9 (D) have tried to a verdict as lead defense
21-10 counsel a significant number of felony cases, including homicide
21-11 trials;
21-12 (E) have trial experience in:
21-13 (i) the use of and challenges to mental
21-14 health or forensic expert witnesses; and
21-15 (ii) investigating and presenting
21-16 mitigating evidence at the penalty phase of a death penalty trial;
21-17 and
21-18 (F) have participated in continuing legal
21-19 education courses or other training relating to criminal defense in
21-20 death penalty cases.
21-21 (3) The committee shall prominently post the standards
21-22 in each district clerk's office in the region with a list of
21-23 attorneys qualified for appointment.
21-24 (4) Not later than the second anniversary of the date
21-25 an attorney is placed on the list of attorneys qualified for
21-26 appointment in death penalty cases and each year following the
21-27 second anniversary, the attorney must present proof to the
22-1 committee that the attorney has successfully completed the minimum
22-2 continuing legal education requirements of the state bar, including
22-3 a course or other form of training relating to the defense of death
22-4 penalty cases. The committee shall remove the attorney's name from
22-5 the list of qualified attorneys if the attorney fails to provide
22-6 the committee with proof of completion of the continuing legal
22-7 education requirements.
22-8 (e) The presiding judge of the district court in which a
22-9 capital felony case is filed shall appoint two attorneys, at least
22-10 one of whom must be qualified under this chapter, [counsel] to
22-11 represent an indigent defendant as soon as practicable after
22-12 charges are filed, unless the state gives notice in writing that
22-13 the state will not seek the death penalty [if the death penalty is
22-14 sought in the case. The judge shall appoint lead trial counsel
22-15 from the list of attorneys qualified for appointment. The judge
22-16 shall appoint a second counsel to assist in the defense of the
22-17 defendant, unless reasons against the appointment of two counsel
22-18 are stated in the record].
22-19 (m) The local selection committee shall annually review the
22-20 list of attorneys posted under Subsection (d) to ensure that each
22-21 listed attorney satisfies the requirements under this chapter.
22-22 SECTION 9. Article 102.075(h), Code of Criminal Procedure,
22-23 is amended to read as follows:
22-24 (h) The comptroller shall deposit money received under this
22-25 article to the credit of the following accounts in the general
22-26 revenue fund according to the specified percentages:
22-27 NAME OF ACCOUNT PERCENTAGE
23-1 abused children's counseling 0.02%
23-2 crime stoppers assistance 0.6%
23-3 breath alcohol testing 1.28%
23-4 Bill Blackwood Law Enforcement
23-5 Management Institute 5.04%
23-6 law enforcement officers standards and education 11.63%
23-7 comprehensive rehabilitation 12.37%
23-8 operator's and chauffeur's license 25.9%
23-9 criminal justice planning 29.18%
23-10 fair defense account 13.98%
23-11 SECTION 10. Chapter 51, Family Code, is amended by adding
23-12 Section 51.101 to read as follows:
23-13 Sec. 51.101. APPOINTMENT OF COUNSEL PLAN. (a) The
23-14 juvenile board of each county shall adopt a plan that:
23-15 (1) specifies the qualifications necessary for an
23-16 attorney to be included on an appointment list from which attorneys
23-17 are appointed to represent children in proceedings under this
23-18 title; and
23-19 (2) establishes procedures for:
23-20 (A) including attorneys on the appointment list
23-21 and removing attorneys from the list; and
23-22 (B) appointing attorneys from the appointment
23-23 list to individual cases.
23-24 (b) A plan adopted under Subsection (a) must:
23-25 (1) to the extent practicable, comply with the
23-26 requirements of Article 26.04, Code of Criminal Procedure, except
23-27 that:
24-1 (A) the income and assets of the child's parent
24-2 or other person responsible for the child's support must be used in
24-3 determining whether the child is indigent; and
24-4 (B) any alternative plan for appointing counsel
24-5 is established by the juvenile board; and
24-6 (2) recognize the differences in qualifications and
24-7 experience necessary for appointments to cases in which:
24-8 (A) the allegation is:
24-9 (i) conduct indicating a need for
24-10 supervision;
24-11 (ii) delinquent conduct, and commitment to
24-12 the Texas Youth Commission is not an authorized disposition; or
24-13 (iii) delinquent conduct, and commitment
24-14 to the Texas Youth Commission without a determinate sentence is an
24-15 authorized disposition;
24-16 (B) determinate sentence proceedings have been
24-17 initiated; or
24-18 (C) proceedings for discretionary transfer to
24-19 criminal court have been initiated.
24-20 SECTION 11. Section 71.001, Government Code, is amended to
24-21 read as follows:
24-22 Sec. 71.001. DEFINITIONS. In this chapter:
24-23 (1) "Ad hoc assigned counsel program" means a system
24-24 under which private attorneys, acting as independent contractors
24-25 and compensated with public funds, are individually appointed to
24-26 provide legal representation and services to a particular indigent
24-27 defendant accused of a crime or juvenile offense.
25-1 (2) "Chair" means the chair of the council.
25-2 (3) "Contract defender program" means a system under
25-3 which private attorneys, acting as independent contractors and
25-4 compensated with public funds, are engaged to provide legal
25-5 representation and services to a group of unspecified indigent
25-6 defendants who appear before a particular court or group of courts.
25-7 (4) [(2)] "Council" means the Texas Judicial Council.
25-8 (5) "Crime" means:
25-9 (A) a misdemeanor punishable by confinement; or
25-10 (B) a felony.
25-11 (6) "Defendant" means a person accused of a crime or a
25-12 juvenile offense.
25-13 (7) "Indigent defense support services" means criminal
25-14 defense services that:
25-15 (A) are provided by licensed investigators,
25-16 experts, or other similar specialists, including forensic experts
25-17 and mental health experts; and
25-18 (B) are reasonably necessary for appointed
25-19 counsel to provide adequate representation to indigent defendants.
25-20 (8) "Juvenile offense" means conduct committed by a
25-21 person while younger than 17 years of age that constitutes:
25-22 (A) a misdemeanor punishable by confinement; or
25-23 (B) a felony.
25-24 (9) "Public defender" has the meaning assigned by
25-25 Article 26.044(a), Code of Criminal Procedure.
25-26 SECTION 12. Subchapter C, Chapter 71, Government Code, is
25-27 amended by adding Section 71.0351 to read as follows:
26-1 Sec. 71.0351. INDIGENT DEFENSE INFORMATION. (a) In each
26-2 county, the county auditor, or the person designated by the
26-3 commissioners court if the county does not have a county auditor,
26-4 shall prepare and send to the Office of Court Administration of the
26-5 Texas Judicial System in the form and manner prescribed by the
26-6 office:
26-7 (1) not later than January 1 of each year, a copy of
26-8 all formal and informal rules and forms that describe the
26-9 procedures used in the county to provide indigent defendants with
26-10 counsel in accordance with the Code of Criminal Procedure,
26-11 including the schedule of fees required under Article 26.05 of that
26-12 code; and
26-13 (2) on a monthly, quarterly, or annual basis, with
26-14 respect to legal services provided in the county to indigent
26-15 defendants during each fiscal year, information showing the total
26-16 amount expended by the county to provide indigent defense services
26-17 and an analysis of the amount expended by the county:
26-18 (A) in each district, county, statutory county,
26-19 and appellate court;
26-20 (B) in cases for which a private attorney is
26-21 appointed for an indigent defendant;
26-22 (C) in cases for which a public defender is
26-23 appointed for an indigent defendant;
26-24 (D) in cases for which counsel is appointed for
26-25 an indigent juvenile under Section 51.10(f), Family Code; and
26-26 (E) for investigation expenses, expert witness
26-27 expenses, or other litigation expenses.
27-1 (b) As a duty of office, each district and county clerk
27-2 shall cooperate with the county auditor or the person designated by
27-3 the commissioners court and the commissioners court in retrieving
27-4 information required to be sent to the office of court
27-5 administration under this section and under a reporting plan
27-6 developed by the Task Force on Indigent Defense under Section
27-7 71.061(a).
27-8 (c) On receipt of information required under Subsection (a),
27-9 the office of court administration shall forward the information to
27-10 the Task Force on Indigent Defense.
27-11 SECTION 13. Chapter 71, Government Code, is amended by
27-12 adding Subchapter D to read as follows:
27-13 SUBCHAPTER D. TASK FORCE ON INDIGENT DEFENSE
27-14 Sec. 71.051. ESTABLISHMENT OF TASK FORCE; COMPOSITION. The
27-15 Task Force on Indigent Defense is established as a standing
27-16 committee of the council and is composed of eight ex officio
27-17 members and four appointive members.
27-18 Sec. 71.052. EX OFFICIO MEMBERS. The ex officio members
27-19 are:
27-20 (1) the following six members of the council:
27-21 (A) the chief justice of the supreme court;
27-22 (B) the presiding judge of the court of criminal
27-23 appeals;
27-24 (C) the member of the senate appointed by the
27-25 lieutenant governor;
27-26 (D) the member of the house of representatives
27-27 appointed by the speaker of the house;
28-1 (E) one of the district court judges serving on
28-2 the council who is designated by the chief justice of the supreme
28-3 court to serve on the task force; and
28-4 (F) one of the county court, statutory county
28-5 court, or statutory probate court judges serving on the council who
28-6 is designated by the chief justice of the supreme court to serve on
28-7 the task force;
28-8 (2) the chair of the Senate Criminal Justice
28-9 Committee; and
28-10 (3) the chair of the House Criminal Jurisprudence
28-11 Committee.
28-12 Sec. 71.053. APPOINTMENTS. (a) The governor shall appoint
28-13 with the advice and consent of the senate four members of the task
28-14 force as follows:
28-15 (1) one member who is a presiding judge of an
28-16 administrative judicial region;
28-17 (2) one member who is a judge of a constitutional
28-18 county court or who is a county commissioner;
28-19 (3) one member who is a practicing criminal defense
28-20 attorney; and
28-21 (4) one member who is a public defender or who is
28-22 employed by a public defender.
28-23 (b) The members serve staggered terms of two years, with two
28-24 members' terms expiring February 1 of each odd-numbered year and
28-25 two members' terms expiring February 1 of each even-numbered year.
28-26 (c) In making appointments to the task force, the governor
28-27 shall attempt to reflect the geographic and demographic diversity
29-1 of the state.
29-2 (d) A person may not be appointed to the task force if the
29-3 person is required to register as a lobbyist under Chapter 305
29-4 because of the person's activities for compensation on behalf of a
29-5 profession related to the operation of the task force or the
29-6 council.
29-7 Sec. 71.054. VACANCIES. A vacancy on the task force must be
29-8 filled for the unexpired term in the same manner as the original
29-9 appointment. An appointment to fill a vacancy shall be made not
29-10 later than the 90th day after the date the vacancy occurs.
29-11 Sec. 71.055. MEETINGS; QUORUM; VOTING. (a) The task force
29-12 shall meet at least quarterly and at such other times as it deems
29-13 necessary or convenient to perform its duties.
29-14 (b) Six members of the task force constitute a quorum for
29-15 purposes of transacting task force business. The task force may
29-16 act only on the concurrence of five task force members or a
29-17 majority of the task force members present, whichever number is
29-18 greater. The task force may develop policies and standards under
29-19 Section 71.060 only on the concurrence of seven task force members.
29-20 (c) A task force member is entitled to vote on any matter
29-21 before the task force, except as otherwise provided by rules
29-22 adopted by the task force and ratified by the council.
29-23 Sec. 71.056. COMPENSATION. A task force member may not
29-24 receive compensation for services on the task force but is entitled
29-25 to be reimbursed for actual and necessary expenses incurred in
29-26 discharging the member's duties as a task force member. The
29-27 expenses are paid from funds appropriated to the task force.
30-1 Sec. 71.057. BUDGET. (a) The task force's budget shall be
30-2 a part of the budget for the council. In preparing a budget and
30-3 presenting the budget to the legislature, the task force shall
30-4 consult with the executive director of the office of court
30-5 administration.
30-6 (b) The task force's budget may include money for personnel
30-7 who are employees of the council but who are assigned to assist the
30-8 task force in performing its duties.
30-9 (c) The executive director of the office of court
30-10 administration may not reduce or modify the task force's budget or
30-11 use funds appropriated to the task force without the approval of
30-12 the task force.
30-13 Sec. 71.058. FAIR DEFENSE ACCOUNT. The fair defense account
30-14 is an account in the general revenue fund that may be appropriated
30-15 only to the task force for the purpose of implementing this
30-16 subchapter.
30-17 Sec. 71.059. ACCEPTANCE OF GIFTS, GRANTS, AND OTHER FUNDS.
30-18 The task force may accept gifts, grants, and other funds from any
30-19 public or private source to pay expenses incurred in performing its
30-20 duties under this subchapter.
30-21 Sec. 71.060. POLICIES AND STANDARDS. (a) The task force
30-22 shall develop policies and standards for providing legal
30-23 representation and other defense services to indigent defendants at
30-24 trial, on appeal, and in postconviction proceedings. The policies
30-25 and standards may include:
30-26 (1) performance standards for counsel appointed to
30-27 represent indigent defendants;
31-1 (2) qualification standards under which attorneys may
31-2 qualify for appointment to represent indigent defendants,
31-3 including:
31-4 (A) qualifications commensurate with the
31-5 seriousness of the nature of the proceeding;
31-6 (B) qualifications appropriate for
31-7 representation of mentally ill defendants and noncitizen
31-8 defendants;
31-9 (C) successful completion of relevant continuing
31-10 legal education programs approved by the council; and
31-11 (D) testing and certification standards;
31-12 (3) standards for ensuring appropriate appointed
31-13 caseloads for counsel appointed to represent indigent defendants;
31-14 (4) standards for determining whether a person accused
31-15 of a crime or juvenile offense is indigent;
31-16 (5) policies and standards governing the organization
31-17 and operation of an ad hoc assigned counsel program;
31-18 (6) policies and standards governing the organization
31-19 and operation of a public defender consistent with recognized
31-20 national policies and standards;
31-21 (7) standards for providing indigent defense services
31-22 under a contract defender program consistent with recognized
31-23 national policies and standards;
31-24 (8) standards governing the reasonable compensation of
31-25 counsel appointed to represent indigent defendants;
31-26 (9) standards governing the availability and
31-27 reasonable compensation of providers of indigent defense support
32-1 services for counsel appointed to represent indigent defendants;
32-2 and
32-3 (10) other policies and standards for providing
32-4 indigent defense services as determined by the task force to be
32-5 appropriate.
32-6 (b) The task force shall submit policies and standards
32-7 developed under Subsection (a) to the council for ratification.
32-8 (c) Any qualification standards adopted by the task force
32-9 under Subsection (a) that relate to the appointment of counsel in a
32-10 death penalty case must be consistent with the standards specified
32-11 under Article 26.052(d), Code of Criminal Procedure. An attorney
32-12 who is identified by the task force as not satisfying performance
32-13 or qualification standards adopted by the task force under
32-14 Subsection (a) may not accept an appointment in a capital case.
32-15 Sec. 71.061. COUNTY REPORTING PLAN; TASK FORCE REPORTS. (a)
32-16 The task force shall develop a plan that establishes statewide
32-17 requirements for counties relating to reporting indigent defense
32-18 information. The plan must include provisions designed to reduce
32-19 redundant reporting by counties. The task force shall use the
32-20 information reported by a county to monitor the effectiveness of
32-21 the county's indigent defense policies, standards, and procedures
32-22 and to ensure compliance by the county with the requirements of
32-23 state law relating to indigent defense. The task force may revise
32-24 the plan as necessary to improve monitoring of indigent defense
32-25 policies, standards, and procedures in this state.
32-26 (b) The task force shall annually submit to the governor,
32-27 lieutenant governor, speaker of the house of representatives, and
33-1 council and shall publish in written and electronic form a report:
33-2 (1) containing the information forwarded to the task
33-3 force from the office of court administration under Section
33-4 71.0351(c); and
33-5 (2) regarding:
33-6 (A) the quality of legal representation provided
33-7 by counsel appointed to represent indigent defendants;
33-8 (B) current indigent defense practices in the
33-9 state as compared to state and national standards; and
33-10 (C) efforts made by the task force to improve
33-11 indigent defense practices in the state.
33-12 (c) The task force may issue other reports relating to
33-13 indigent defense as determined to be appropriate by the task force.
33-14 Sec. 71.062. TECHNICAL SUPPORT; GRANTS. (a) The task force
33-15 shall:
33-16 (1) provide technical support to:
33-17 (A) assist counties in improving their indigent
33-18 defense systems; and
33-19 (B) promote compliance by counties with the
33-20 requirements of state law relating to indigent defense;
33-21 (2) distribute funds, including grants, to counties to
33-22 provide indigent defense services in the county; and
33-23 (3) monitor each county that receives a grant and
33-24 enforce compliance by the county with the conditions of the grant,
33-25 including enforcement by:
33-26 (A) withdrawing grant funds; or
33-27 (B) requiring reimbursement of grant funds by
34-1 the county.
34-2 (b) The task force shall distribute funds as required by
34-3 Subsection (a)(2) based on a county's compliance with standards
34-4 developed by the task force and the county's demonstrated
34-5 commitment to the following factors as developed by the task force:
34-6 (1) prompt appointment of counsel in misdemeanor and
34-7 felony cases, regardless of whether the defendant is released on
34-8 bond or is in custody pending trial;
34-9 (2) use of consistent procedures for:
34-10 (A) determining whether a person is indigent;
34-11 and
34-12 (B) appointing counsel as required by Article
34-13 1.051, Code of Criminal Procedure;
34-14 (3) use of reliable procedures for ensuring that
34-15 attorneys appointed to represent indigent defendants are competent
34-16 in the practice of criminal law, including appropriate specialized
34-17 competence in representation of mentally ill defendants and
34-18 noncitizen defendants;
34-19 (4) an adequate rate of compensation and allowable
34-20 rate of expenses for appointed counsel; and
34-21 (5) availability of and attorney participation in
34-22 appropriate and relevant training programs.
34-23 (c) The task force shall develop policies to ensure that
34-24 funds under Subsection (a)(2) are distributed to counties in a fair
34-25 manner.
34-26 (d) A county may not reduce the amount of funds provided for
34-27 indigent defense services in the county because of funds provided
35-1 by the task force under this section.
35-2 SECTION 14. Sections 26.041, 26.042, 26.043, 26.045, 26.046,
35-3 26.047, 26.048, 26.049, 26.050, and 26.058, Code of Criminal
35-4 Procedure, are repealed.
35-5 SECTION 15. The change in law made by this Act applies only
35-6 to a person arrested for or charged with an offense committed or,
35-7 for purposes of Title 3, Family Code, a child taken into custody
35-8 for conduct or alleged to have engaged in conduct that occurs on or
35-9 after the effective date of this Act and to the appointment of
35-10 counsel for that person or child. A person arrested for or charged
35-11 with an offense committed or a child taken into custody for conduct
35-12 or alleged to have engaged in conduct that occurs before the
35-13 effective date of this Act is covered by the law in effect when the
35-14 offense was committed or the conduct occurred, and the former law
35-15 is continued in effect for that purpose.
35-16 SECTION 16. A county having established a public defender
35-17 under a statute repealed or amended by this Act may continue the
35-18 existence and operation of the public defender under the terms of
35-19 the repealed or amended statute as that statute existed immediately
35-20 before the effective date of this Act if the public defender is a
35-21 governmental entity or nonprofit corporation described by Article
35-22 26.044(a), Code of Criminal Procedure, as amended by this Act. The
35-23 change in law made by this Act to Article 26.044, Code of Criminal
35-24 Procedure, applies only to a public defender appointed on or after
35-25 the effective date of this Act.
35-26 SECTION 17. A county auditor or other person designated under
35-27 Section 71.0351, Government Code, as added by this Act, shall begin
36-1 sending to the Office of Court Administration of the Texas Judicial
36-2 System the information required by that section on or before July
36-3 1, 2002.
36-4 SECTION 18. The governor shall make appointments to the Task
36-5 Force on Indigent Defense as soon as practicable after the
36-6 effective date of this Act. In appointing the initial members of
36-7 the task force, the governor shall appoint the member who is a
36-8 presiding judge of an administrative judicial region and the member
36-9 who is a practicing criminal defense attorney for terms expiring
36-10 February 1, 2003, and the member who is a judge of a constitutional
36-11 county court or who is a county commissioner and the member who is
36-12 a public defender or who is employed by a public defender for terms
36-13 expiring February 1, 2004.
36-14 SECTION 19. A local selection committee shall amend
36-15 standards previously adopted by the committee to conform with the
36-16 requirements of Article 26.052(d), Code of Criminal Procedure, as
36-17 amended by this Act, not later than April 1, 2002. An attorney
36-18 appointed to a death penalty case that begins on or after April 1,
36-19 2002, must meet the standards adopted in conformity with the
36-20 amended Article 26.052(d). An attorney appointed to a death
36-21 penalty case that begins before April 1, 2002, is covered by the
36-22 law in effect when the case began, and the former law is continued
36-23 in effect for that purpose.
36-24 SECTION 20. Article 102.075(h), Code of Criminal Procedure,
36-25 as amended by this Act, applies only to a court cost collected
36-26 under that article on or after the effective date of this Act. A
36-27 court cost collected under Article 102.075, Code of Criminal
37-1 Procedure, before the effective date of this Act is governed by the
37-2 law in effect when the court cost was collected, and the former law
37-3 is continued in effect for that purpose.
37-4 SECTION 21. This Act takes effect January 1, 2002.