LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION

April 20, 2009

TO:	Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
FROM:	John S. O'Brien, Director, Legislative Budget Board
IN RE:	SB625 by Wentworth (Relating to the representation of indigent defendants in criminal cases.), As Engrossed

No fiscal implication to the State is anticipated.

The bill would make several nonsubstantive changes to the Code of Criminal Procedure as it relates to legal representation provided to indigent defendants in criminal cases and would change the name of the Task Force on Indigent Defense to the Texas Indigent Defense Council. The bill would authorize a county commissioners court to create a county department or by contract to designate a nonprofit corporation to serve as a public defender's office. Two or more counties could also jointly create or designate and fund a regional public defender's office.

Under current statute, county commissioners courts may appoint a governmental entity or nonprofit corporation to serve as a public defender.

Local Government Impact

The nonsubstantive changes would have no fiscal implications to units of local government. The changes related to creating or contracting for a public defender's office rather than appointing a public defender or a nonprofit corporation to serve in that capacity could have a fiscal impact, but would not be expected to be significant. If a county or counties were to create a department to serve as a public defender's office, the county would incur costs for establishing, operating, and staffing that department. It is assumed that a county would choose whether to create a department or to contract with a nonprofit corporation based on which option would best meet the county's needs and budget.

Source Agencies:

212 Office of Court Administration, Texas Judicial Council

LBB Staff:

JOB, ESi, TP, DB