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are repealed.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