1-1 By: Bivins S.B. No. 1789 1-2 (In the Senate - Filed April 2, 2001; April 3, 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 Randall 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 26.053 to read as follows: 1-13 Art. 26.053. PUBLIC DEFENDER IN RANDALL COUNTY. (a) The 1-14 Commissioners Court of Randall 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 be a member of the State Bar of Texas. 1-19 (c) With the approval of the commissioners court, the public 1-20 defender may employ assistant public defenders, investigators, 1-21 secretaries, and other necessary personnel. An assistant public 1-22 defender must be a licensed attorney and may perform the duties of 1-23 a public defender under this article. 1-24 (d) A public defender's office consists of the public 1-25 defender and the personnel employed by the public defender under 1-26 Subsection (c). 1-27 (e) A public defender is entitled to receive an annual 1-28 salary in an amount set by the commissioners court. Subchapter B, 1-29 Chapter 152, Local Government Code, applies to the compensation of 1-30 personnel and the payment of office expenses in the public 1-31 defender's office. 1-32 (f) Except as authorized by this article, a public defender 1-33 or an assistant public defender may not: 1-34 (1) engage in the private practice of law; or 1-35 (2) accept anything of value not authorized by this 1-36 article for services rendered under this article. 1-37 (g) The commissioners court may remove a public defender or 1-38 an assistant public defender who violates Subsection (f). 1-39 (h) The public defender or an assistant public defender 1-40 shall represent each indigent person who is: 1-41 (1) charged with a criminal offense in Randall County 1-42 punishable by confinement or imprisonment; 1-43 (2) a minor who is a party to a juvenile delinquency 1-44 proceeding in the county; or 1-45 (3) entitled to representation under: 1-46 (A) Chapter 462, Health and Safety Code; or 1-47 (B) Subtitle C or D, Title 7, Health and Safety 1-48 Code. 1-49 (i) If at any stage of the proceeding the judge determines 1-50 that a conflict of interest exists between the public defender and 1-51 the indigent person, the judge may appoint another attorney to 1-52 represent the person. The attorney must be licensed to practice 1-53 law in this state and is entitled to the compensation provided by 1-54 Article 26.05. 1-55 (j) The public defender's office shall investigate the 1-56 financial condition of any person the public defender is appointed 1-57 to represent. The public defender's office shall report the 1-58 results of the investigation to the appointing judge. The judge 1-59 may hold a hearing to determine if the person is indigent and 1-60 entitled to representation under this article. 1-61 (k) Except for the provisions relating to daily appearance 1-62 fees, Article 26.05 applies to the public defender and an assistant 1-63 public defender. 1-64 (l) The commissioners court may accept gifts and grants from 2-1 any source to finance an adequate and effective public defender 2-2 program. 2-3 SECTION 2. This Act takes effect immediately if it receives 2-4 a vote of two-thirds of all the members elected to each house, as 2-5 provided by Section 39, Article III, Texas Constitution. If this 2-6 Act does not receive the vote necessary for immediate effect, this 2-7 Act takes effect September 1, 2001. 2-8 * * * * *