1-1 AN ACT
1-2 relating to the appointment of a public defender by the
1-3 Commissioners Court of Potter 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
1-6 amended by adding Article 26.054 to read as follows:
1-7 Art. 26.054. PUBLIC DEFENDER IN POTTER COUNTY. (a) The
1-8 Commissioners Court of Potter 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:
1-13 (1) be a member of the State Bar of Texas;
1-14 (2) have practiced law for at least four years; and
1-15 (3) have experience in the practice of criminal law.
1-16 (c) With the approval of the commissioners court, the public
1-17 defender may employ assistant public defenders, investigators,
1-18 secretaries, and other necessary personnel. An assistant public
1-19 defender must be a licensed attorney and may perform the duties of
1-20 a public defender under this article.
1-21 (d) Subchapter B, Chapter 152, Local Government Code,
1-22 applies to the compensation of personnel and the payment of office
1-23 expenses in the public defender's office.
1-24 (e) Except as authorized by this article, a public defender
1-25 or an assistant public defender may not:
2-1 (1) engage in the private practice of law; or
2-2 (2) accept anything of value not authorized by this
2-3 article for services rendered under this article.
2-4 (f) The commissioners court may remove a public defender or
2-5 an assistant public defender who violates Subsection (e).
2-6 (g) The public defender or an assistant public defender
2-7 shall represent each indigent person who is:
2-8 (1) charged with a criminal offense in Potter County;
2-9 or
2-10 (2) subject to proceedings involving delinquent
2-11 conduct or conduct indicating a need for supervision in the county.
2-12 (h) The commissioners court may specify other types of cases
2-13 in which the public defender or an assistant public defender may
2-14 represent indigent persons.
2-15 (i) The public defender or an assistant public defender may
2-16 investigate the financial condition of any person the public
2-17 defender is appointed to represent. The public defender shall
2-18 report the results of the investigation to the appointing judge.
2-19 The judge may hold a hearing to determine if the person is indigent
2-20 and entitled to representation under this article.
2-21 (j) If at any stage of the proceeding the judge determines
2-22 that a conflict of interest exists between the public defender, or
2-23 an assistant public defender, and the indigent person, the judge
2-24 may appoint another attorney to represent the person. The attorney
2-25 must be licensed to practice law in this state and is entitled to
2-26 the compensation provided by Article 26.05.
3-1 (k) The commissioners court may accept gifts and grants from
3-2 any source to finance an adequate and effective public defender
3-3 program.
3-4 SECTION 2. This Act takes effect immediately if it receives
3-5 a vote of two-thirds of all the members elected to each house, as
3-6 provided by Section 39, Article III, Texas Constitution. If this
3-7 Act does not receive the vote necessary for immediate effect, this
3-8 Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1781 passed the Senate on
April 26, 2001, by the following vote: Yeas 30, Nays 0, one
present, not voting.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1781 passed the House on
May 23, 2001, by the following vote: Yeas 145, Nays 0, two
present, not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor