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79R8691 PEP-D

By:  Merritt                                                      H.B. No. 1954



A BILL TO BE ENTITLED

AN ACT

relating to the financial consequences to a county of the 
appointment of counsel in certain cases.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 26.04(m), Code of Criminal Procedure, is 
amended to read as follows:
	(m)  In determining whether a defendant is indigent, the 
court or the courts' designee may consider the defendant's income, 
source of income, assets, property owned, outstanding obligations, 
necessary expenses, the number and ages of dependents, and spousal 
income that is available to the defendant.  If the defendant has 
posted or is capable of posting bail, the [The] court or the courts' 
designee shall determine that the defendant is not indigent [may 
not consider whether the defendant has posted or is capable of 
posting bail, except to the extent that it reflects the defendant's 
financial circumstances as measured by the considerations listed in 
this subsection].
	SECTION 2.  This Act takes effect September 1, 2005.