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A BILL TO BE ENTITLED
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AN ACT
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relating to a succession plan for a regional public defender's |
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office that primarily handles capital cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 79, Government Code, is |
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amended by adding Section 79.042 to read as follows: |
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Sec. 79.042. SUCCESSION PLAN FOR CERTAIN PUBLIC DEFENDERS' |
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OFFICES. (a) In this section, "governmental entity" has the |
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meaning assigned by Article 26.044, Code of Criminal Procedure. |
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(b) As a condition of a grant awarded by the commission to a |
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regional public defender's office that primarily handles capital |
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cases, the commission may establish for the public defender's |
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office a succession plan to take effect only if the commissioners |
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court of the county in which the central administrative office of |
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the public defender's office is located ceases for any reason to be |
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a party to the agreement creating or designating the public |
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defender's office. |
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(c) A succession plan established under Subsection (b) may: |
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(1) authorize the commission to designate a |
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governmental entity to administer the regional public defender's |
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office; |
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(2) require the governmental entity designated under |
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Subdivision (1) to establish an oversight board for the regional |
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public defender's office under Article 26.045, Code of Criminal |
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Procedure; and |
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(3) require the regional public defender's office to |
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comply with any rules adopted by the commission for the |
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administration of the public defender's office. |
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SECTION 2. 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, 2017. |