By: Bivins S.B. No. 1789 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 1-6 amended 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 1-25 defender's office. 2-1 (f) Except as authorized by this article, a public defender 2-2 or an assistant public defender may not: 2-3 (1) engage in the private practice of law; or 2-4 (2) accept anything of value not authorized by this 2-5 article for services rendered under this article. 2-6 (g) The commissioners court may remove a public defender or 2-7 an assistant public defender who violates Subsection (f). 2-8 (h) The public defender or an assistant public defender 2-9 shall represent each indigent person who is: 2-10 (1) charged with a criminal offense in Randall County 2-11 punishable by confinement or imprisonment; 2-12 (2) a minor who is a party to a juvenile delinquency 2-13 proceeding in the county; or 2-14 (3) entitled to representation under: 2-15 (A) Chapter 462, Health and Safety Code; or 2-16 (B) Subtitle C or D, Title 7, Health and Safety 2-17 Code. 2-18 (i) If at any stage of the proceeding the judge determines 2-19 that a conflict of interest exists between the public defender and 2-20 the indigent person, the judge may appoint another attorney to 2-21 represent the person. The attorney must be licensed to practice 2-22 law in this state and is entitled to the compensation provided by 2-23 Article 26.05. 2-24 (j) The public defender's office shall investigate the 2-25 financial condition of any person the public defender is appointed 2-26 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.