BILL ANALYSIS

H.B. 2736

By: Frullo

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Interested parties note the positive impact of having a regional public defender's office that primarily handles capital cases. These parties call for a statutory basis for such offices to ensure  continued operation. H.B. 2736 seeks to address this issue by providing a mechanism for the continuation of such an office if the commissioners court of the county in which the central administrative office of the public defender's office is located ceases for any reason to be a party to the agreement creating or designating the public defender's office.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 2736 amends the Government Code to authorize the Texas Indigent Defense Commission, as a condition of a grant awarded by the commission to a regional public defender's office that primarily handles capital cases, to establish for the public defender's office a succession plan to take effect only if the commissioners court of the county in which the central administrative office of the public defender's office is located ceases for any reason to be a party to the agreement creating or designating the public defender's office. The bill authorizes a succession plan to authorize the commission to designate a county, group of counties, a department of a county, an administrative judicial region, or an entity created under the Interlocal Cooperation Act to administer the regional public defender's office; to require such a designated governmental entity to establish an oversight board for the regional public defender's office; and to require the regional public defender's office to comply with any rules adopted by the commission for the administration of the public defender's office.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2017.