By Bivins                                             S.B. No. 1781
         77R6913 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 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 amended
 1-6     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
 2-1     or an assistant public defender may not:
 2-2                 (1)  engage in the private practice of law; or
 2-3                 (2)  accept anything of value not authorized by this
 2-4     article for services rendered under this article.
 2-5           (f)  The commissioners court may remove a public defender or
 2-6     an assistant public defender who violates Subsection (e).
 2-7           (g)  The public defender or an assistant public defender
 2-8     shall represent each indigent person who is:
 2-9                 (1)  charged with a criminal offense in Potter County;
2-10     or
2-11                 (2)  subject to proceedings involving delinquent
2-12     conduct or conduct indicating a need for supervision in the county.
2-13           (h)  The commissioners court may specify other types of cases
2-14     in which the public defender or an assistant public defender may
2-15     represent indigent persons.
2-16           (i)  The public defender or an assistant public defender may
2-17     investigate the financial condition of any person the public
2-18     defender is appointed to represent.  The public defender shall
2-19     report the results of the investigation to the appointing judge.
2-20     The judge may hold a hearing to determine if the person is indigent
2-21     and entitled to representation under this article.
2-22           (j)  If at any stage of the proceeding the judge determines
2-23     that a conflict of interest exists between the public defender, or
2-24     an assistant public defender, and the indigent person, the judge
2-25     may appoint another attorney to represent the person.  The attorney
2-26     must be licensed to practice law in this state and is entitled to
2-27     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.