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A BILL TO BE ENTITLED
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AN ACT
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relating to the compensation of counsel appointed to defend an |
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indigent defendant in a criminal proceeding. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 26.05(c), Code of Criminal Procedure, is |
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amended to read as follows: |
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(c) Each fee schedule adopted shall state reasonable fixed |
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rates or minimum and maximum hourly rates, taking into |
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consideration reasonable and necessary overhead costs and the |
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availability of qualified attorneys willing to accept the stated |
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rates, and shall provide a form for the appointed counsel to itemize |
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the types of services performed. No payment shall be made under this |
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article until the form for itemizing the services performed is |
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submitted to the judge presiding over the proceedings and the judge |
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approves the payment. If the judge disapproves the requested |
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amount of payment, the judge shall make written findings stating |
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the amount of payment that the judge approves and each reason for |
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approving an amount different from the requested amount. An |
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attorney whose request for payment is disapproved or is not |
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otherwise acted on by the 60th day after the date the request for |
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payment is submitted may appeal the disapproval or failure to act by |
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filing a motion with the presiding judge of the administrative |
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judicial region. On the filing of a motion, the presiding judge of |
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the administrative judicial region shall review the disapproval of |
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payment or failure to act and determine the appropriate amount of |
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payment. In reviewing the disapproval or failure to act, the |
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presiding judge of the administrative judicial region may conduct a |
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hearing. Not later than the 45th day after the date an application |
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for payment of a fee is submitted under this article, the |
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commissioners court shall pay to the appointed counsel the amount |
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that is approved by the presiding judge of the administrative |
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judicial region and that is in accordance with the fee schedule for |
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that county. |
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SECTION 2. The change in law made by this Act applies only |
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to a request for payment submitted under Article 26.05(c), Code of |
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Criminal Procedure, as amended by this Act, on or after the |
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effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2007. |