1-1 By: Bivins S.B. No. 1781 1-2 (In the Senate - Filed March 27, 2001; March 28, 2001, read 1-3 first time and referred to Committee on Intergovernmental 1-4 Relations; April 19, 2001, reported favorably by the following 1-5 vote: Yeas 7, Nays 0; April 19, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the appointment of a public defender by the 1-9 Commissioners Court of Potter County. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Chapter 26, Code of Criminal Procedure, is 1-12 amended by adding Article 26.054 to read as follows: 1-13 Art. 26.054. PUBLIC DEFENDER IN POTTER COUNTY. (a) The 1-14 Commissioners Court of Potter County may appoint an attorney to 1-15 serve as a public defender. The public defender serves at the 1-16 pleasure of the commissioners court. 1-17 (b) To be eligible for appointment as a public defender, a 1-18 person must: 1-19 (1) be a member of the State Bar of Texas; 1-20 (2) have practiced law for at least four years; and 1-21 (3) have experience in the practice of criminal law. 1-22 (c) With the approval of the commissioners court, the public 1-23 defender may employ assistant public defenders, investigators, 1-24 secretaries, and other necessary personnel. An assistant public 1-25 defender must be a licensed attorney and may perform the duties of 1-26 a public defender under this article. 1-27 (d) Subchapter B, Chapter 152, Local Government Code, 1-28 applies to the compensation of personnel and the payment of office 1-29 expenses in the public defender's office. 1-30 (e) Except as authorized by this article, a public defender 1-31 or an assistant public defender may not: 1-32 (1) engage in the private practice of law; or 1-33 (2) accept anything of value not authorized by this 1-34 article for services rendered under this article. 1-35 (f) The commissioners court may remove a public defender or 1-36 an assistant public defender who violates Subsection (e). 1-37 (g) The public defender or an assistant public defender 1-38 shall represent each indigent person who is: 1-39 (1) charged with a criminal offense in Potter County; 1-40 or 1-41 (2) subject to proceedings involving delinquent 1-42 conduct or conduct indicating a need for supervision in the county. 1-43 (h) The commissioners court may specify other types of cases 1-44 in which the public defender or an assistant public defender may 1-45 represent indigent persons. 1-46 (i) The public defender or an assistant public defender may 1-47 investigate the financial condition of any person the public 1-48 defender is appointed to represent. The public defender shall 1-49 report the results of the investigation to the appointing judge. 1-50 The judge may hold a hearing to determine if the person is indigent 1-51 and entitled to representation under this article. 1-52 (j) If at any stage of the proceeding the judge determines 1-53 that a conflict of interest exists between the public defender, or 1-54 an assistant public defender, and the indigent person, the judge 1-55 may appoint another attorney to represent the person. The attorney 1-56 must be licensed to practice law in this state and is entitled to 1-57 the compensation provided by Article 26.05. 1-58 (k) The commissioners court may accept gifts and grants from 1-59 any source to finance an adequate and effective public defender 1-60 program. 1-61 SECTION 2. This Act takes effect immediately if it receives 1-62 a vote of two-thirds of all the members elected to each house, as 1-63 provided by Section 39, Article III, Texas Constitution. If this 1-64 Act does not receive the vote necessary for immediate effect, this 2-1 Act takes effect September 1, 2001. 2-2 * * * * *