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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of unencumbered surplus state revenues to |
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create a permanent fund for indigent defense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter G, Chapter 403, Government Code, is |
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amended by adding Section 403.1064 to read as follows: |
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Sec. 403.1064. PERMANENT FUND FOR INDIGENT DEFENSE. (a) |
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The permanent fund for indigent defense is a dedicated account in |
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the general revenue fund. The fund is composed of: |
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(1) money transferred to the fund under Subsection |
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(b); and |
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(2) the available earnings of the fund determined in |
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accordance with Section 403.1068. |
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(b) The comptroller shall, not later than the 90th day of |
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each state fiscal biennium, transfer to the permanent fund for |
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indigent defense 10 percent of any unencumbered positive balance of |
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general revenues on the last day of the preceding state fiscal |
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biennium. The amount of money transferred under this subsection |
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for a single biennium may not exceed $100 million. For purposes of |
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this subsection, general revenues are considered encumbered on the |
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last day of a state fiscal biennium only to the extent that general |
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revenues are subject to payment for particular identifiable and |
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legally enforceable obligations of this state that were incurred on |
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or before that day and intended to be paid out of appropriations for |
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that biennium. |
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(c) Except as provided by Subsection (d), the money in the |
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fund may not be appropriated for any purpose. |
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(d) The available earnings of the fund may be appropriated |
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only to the Office of Court Administration for distribution to |
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counties for the purpose of providing or defraying the cost of |
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providing indigent defense services. The Office of Court |
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Administration shall distribute the money in accordance with the |
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formula adopted by the Task Force on Indigent Defense under Section |
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71.0625. |
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SECTION 2. Section 403.1068(a), Government Code, is amended |
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to read as follows: |
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(a) This section applies only to management of the permanent |
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funds established under Sections 403.105, 403.1055, 403.106, |
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403.1064, 403.1065, 403.1066, and 403.108. |
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SECTION 3. Subchapter D, Chapter 71, Government Code, is |
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amended by adding Section 71.0625 to read as follows: |
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Sec. 71.0625. FORMULA FOR DISTRIBUTION OF AVAILABLE |
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EARNINGS OF THE PERMANENT FUND FOR INDIGENT DEFENSE. The Task Force |
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on Indigent Defense shall adopt a formula for the distribution to |
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counties of the available earnings of the permanent fund for |
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indigent defense established under Section 403.1064. The formula |
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must be based on: |
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(1) a county's population; |
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(2) a county's compliance with standards developed by |
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the task force under Section 71.060; and |
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(3) a county's demonstrated compliance with the |
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requirements of state law relating to indigent defense. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |