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A BILL TO BE ENTITLED
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AN ACT
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relating to the compensation of certain court-appointed attorneys. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle G, Title 2, Government Code, is amended |
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by adding Chapter 85 to read as follows: |
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CHAPTER 85. ATTORNEY COMPENSATION |
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Sec. 85.001. COMPENSATION OF CERTAIN COURT-APPOINTED |
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ATTORNEYS. (a) Except as provided by Subsection (b), a court shall |
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pay an attorney appointed by the court, including a special |
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prosecutor or attorney pro tem, the amount agreed to by the court |
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and attorney at the time of the attorney's appointment if: |
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(1) the court and attorney enter into a written |
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compensation agreement; and |
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(2) the amount of the attorney's compensation is not |
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otherwise established by law. |
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(b) A court may pay a court-appointed attorney an amount |
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less than the amount described by Subsection (a) if the court finds |
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that the attorney: |
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(1) breached the attorney's duties by performing in an |
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unreasonable manner the services for which the court appointed the |
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attorney; or |
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(2) failed to perform the services for which the court |
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appointed the attorney. |
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Sec. 85.002. SUIT TO RECOVER COMPENSATION. If a court fails |
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to pay the attorney the amount required under Section 85.001, the |
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attorney may file suit to recover that amount against: |
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(1) this state if the court is a district court or an |
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appellate court of this state; |
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(2) the county if the court is a county court or |
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statutory county court of the county; or |
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(3) the municipality if the court is a municipal court |
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or municipal court of record of the municipality. |
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Sec. 85.003. WAIVER OF IMMUNITY. Sovereign or governmental |
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immunity to suit and liability is waived and abolished to the extent |
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of liability created under Section 85.002. |
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SECTION 2. This Act takes effect September 1, 2019. |