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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(a)(2), Code of Criminal |
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Procedure, is amended to read as follows: |
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(2) "Correctional institutions [Institutional] |
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division" means the correctional institutions [institutional] |
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division of the Texas Department of Criminal Justice. |
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SECTION 2. Article 26.051, Code of Criminal Procedure, is |
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amended by amending Subsections (d) and (h) and adding Subsection |
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(i) to read as follows: |
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(d) A court shall: |
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(1) [may] notify the board if it determines that a |
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defendant before the court is indigent and is an inmate charged with |
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an offense committed while in the custody of the correctional |
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institutions [institutional] division or a correctional facility |
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authorized by Section 495.001, Government Code; and |
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(2) request that the board provide legal |
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representation for the inmate. |
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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, 26.04, 26.05, |
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and 26.052, as applicable; and |
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(2) the county in which a facility of the correctional |
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institutions division or a correctional facility authorized by |
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Section 495.001, Government Code, is located shall pay from its |
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general fund the total costs of the aggregate amount allowed and |
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awarded by the court for attorney compensation and expenses under |
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Article 26.05 or 26.052, as applicable [, the county shall pay from
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its general fund the first $250.00 of the aggregate sum allowed and
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awarded by the court for the attorney fees under Article 26.05 of
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this code. If the fees awarded for a court-appointed attorney in a
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case described by this subsection exceed $250.00, the court shall
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certify the amount in excess of $250.00 to the board. On request of
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the board, the comptroller shall issue a warrant to the
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court-appointed attorney in the amount certified to the board by
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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 3. Articles 26.051(b) and (c), Code of Criminal |
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Procedure, and Article 26.055, Code of Criminal Procedure, are |
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repealed. |
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SECTION 4. The change in law made by this Act applies to |
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compensation and expenses owed on or after the effective date of |
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this Act to an attorney appointed under Article 26.051, Code of |
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Criminal Procedure, regardless of whether the attorney was |
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appointed before, on, or after the effective date of this Act. |
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SECTION 5. 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. |