80R2708 SLO-F
 
  By: Pena H.B. No. 1267
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the compensation of counsel appointed to defend an
indigent defendant in a criminal proceeding.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Article 26.05(c), Code of Criminal Procedure, is
amended to read as follows:
       (c)  Each fee schedule adopted shall state reasonable fixed
rates or minimum and maximum hourly rates, taking into
consideration reasonable and necessary overhead costs and the
availability of qualified attorneys willing to accept the stated
rates, and shall provide a form for the appointed counsel to itemize
the types of services performed. No payment shall be made under this
article until the form for itemizing the services performed is
submitted to the judge presiding over the proceedings and the judge
approves the payment. If the judge disapproves the requested
amount of payment, the judge shall make written findings stating
the amount of payment that the judge approves and each reason for
approving an amount different from the requested amount. An
attorney whose request for payment is disapproved or is not
otherwise acted on by the 60th day after the date the request for
payment is submitted may appeal the disapproval or failure to act by
filing a motion with the presiding judge of the administrative
judicial region. On the filing of a motion, the presiding judge of
the administrative judicial region shall review the disapproval of
payment or failure to act and determine the appropriate amount of
payment. In reviewing the disapproval or failure to act, the
presiding judge of the administrative judicial region may conduct a
hearing. Not later than the 45th day after the date an application
for payment of a fee is submitted under this article, the
commissioners court shall pay to the appointed counsel the amount
that is approved by the presiding judge of the administrative
judicial region and that is in accordance with the fee schedule for
that county.
       SECTION 2.  The change in law made by this Act applies only
to a request for payment submitted under Article 26.05(c), Code of
Criminal Procedure, as amended by this Act, on or after the
effective date of this Act.
       SECTION 3.  This Act takes effect September 1, 2007.