By Smithee                                            H.B. No. 3660
         77R6912 JMC-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the appointment of a public defender by the
 1-3     Commissioners Court of Randall County.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Chapter 26, Code of Criminal Procedure, is amended
 1-6     by adding Article 26.053 to read as follows:
 1-7           Art. 26.053.  PUBLIC DEFENDER IN RANDALL COUNTY.  (a)  The
 1-8     Commissioners Court of Randall County may appoint an attorney to
 1-9     serve as a public defender. The public defender serves at the
1-10     pleasure of the commissioners court.
1-11           (b)  To be eligible for appointment as a public defender, a
1-12     person must be a member of the State Bar of Texas.
1-13           (c)  With the approval of the commissioners court, the public
1-14     defender may employ assistant public defenders, investigators,
1-15     secretaries, and other necessary personnel.  An assistant public
1-16     defender must be a licensed attorney and may perform the duties of
1-17     a public defender under this article.
1-18           (d)  A public defender's office consists of the public
1-19     defender and the personnel employed by the public defender under
1-20     Subsection (c).
1-21           (e)  A public defender is entitled to receive an annual
1-22     salary in an amount set by the commissioners court.  Subchapter B,
1-23     Chapter 152, Local Government Code, applies to the compensation of
1-24     personnel and the payment of office expenses in the public
 2-1     defender's office.
 2-2           (f)  Except as authorized by this article, a public defender
 2-3     or an assistant public defender may not:
 2-4                 (1)  engage in the private practice of law; or
 2-5                 (2)  accept anything of value not authorized by this
 2-6     article for services rendered under this article.
 2-7           (g)  The commissioners court may remove a public defender or
 2-8     an assistant public defender who violates Subsection (f).
 2-9           (h)  The public defender or an assistant public defender
2-10     shall represent each indigent person who is:
2-11                 (1)  charged with a criminal offense in Randall County
2-12     punishable by confinement or imprisonment;
2-13                 (2)  a minor who is a party to a juvenile delinquency
2-14     proceeding in the county; or
2-15                 (3)  entitled to representation under:
2-16                       (A)  Chapter 462, Health and Safety Code; or
2-17                       (B)  Subtitle C or D, Title 7, Health and Safety
2-18     Code.
2-19           (i)  If at any stage of the proceeding the judge determines
2-20     that a conflict of interest exists between the public defender and
2-21     the indigent person, the judge may appoint another attorney to
2-22     represent the person.  The attorney must be licensed to practice
2-23     law in this state and is entitled to the compensation provided by
2-24     Article 26.05.
2-25           (j)  The public defender's office shall investigate the
2-26     financial condition of any person the public defender is appointed
2-27     to represent.  The public defender's office shall report the
 3-1     results of the investigation to the appointing judge.  The judge
 3-2     may hold a hearing to determine if the person is indigent and
 3-3     entitled to representation under this article.
 3-4           (k)  Except for the provisions relating to daily appearance
 3-5     fees, Article 26.05 applies to the public defender and an assistant
 3-6     public defender.
 3-7           (l)  The commissioners court may accept gifts and grants from
 3-8     any source to finance an adequate and effective public defender
 3-9     program.
3-10           SECTION 2.  This Act takes effect immediately if it receives
3-11     a vote of two-thirds of all the members elected to each house, as
3-12     provided by Section 39, Article III, Texas Constitution.  If this
3-13     Act does not receive the vote necessary for immediate effect, this
3-14     Act takes effect September 1, 2001.