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