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.