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A BILL TO BE ENTITLED
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AN ACT
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relating to the appointment of an attorney to represent an indigent |
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defendant who is in the custody of a correctional facility of the |
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Texas Department of Criminal Justice or another related |
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correctional facility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 26.051, Code of Criminal Procedure, is |
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amended by amending Subsection (h) and adding Subsection (i) to |
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read as follows: |
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(h) When the court appoints an attorney other than an |
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attorney provided by the board: |
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(1) except as otherwise provided by this article, the |
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inmate's legal defense is subject to Articles 1.051, 15.17, 26.04, |
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26.05, and 26.052, as applicable; and |
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(2) [,] the county shall pay from its general fund the |
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total costs of the aggregate amount allowed and awarded by the court |
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for attorney compensation and expenses under Article 26.05 or |
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26.052, as applicable [the first $250.00 of the aggregate sum
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allowed and awarded by the court for the attorney fees under Article
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26.05 of this code. If the fees awarded for a court-appointed
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attorney in a case described by this subsection exceed $250.00, the
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court shall certify the amount in excess of $250.00 to the board.
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On request of the board, the comptroller shall issue a warrant to
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the court-appointed attorney in the amount certified to the board
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by the court]. |
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(i) The state shall reimburse a county for attorney |
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compensation and expenses awarded under Subsection (h). A court |
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seeking reimbursement for a county shall certify to the comptroller |
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of public accounts the amount of compensation and expenses for |
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which the county is entitled to be reimbursed under this article. |
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Not later than the 60th day after the date the comptroller receives |
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from the court the request for reimbursement, the comptroller shall |
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issue a warrant to the county in the amount certified by the court. |
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SECTION 2. Subsections (b) and (c), Article 26.051, Code of |
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Criminal Procedure, and Article 26.055, Code of Criminal Procedure, |
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are repealed. |
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SECTION 3. The change in law made by this Act applies to an |
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appointment of an attorney under Article 26.051, Code of Criminal |
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Procedure, made on or after the effective date of this Act. An |
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appointment of an attorney made before the effective date of this |
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Act is governed by the law in effect when the appointment was made, |
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and the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2007. |