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A BILL TO BE ENTITLED
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AN ACT
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relating to assistance with the establishment and oversight of |
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public defenders' offices and a review of criminal defense |
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attorney's fees by the Texas Indigent Defense Commission. |
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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 Sections 79.043 and 79.044 to read as follows: |
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Sec. 79.043. ESTABLISHMENT OF PUBLIC DEFENDERS' OFFICES. |
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(a) In this section, "public defender's office" has the meaning |
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assigned by Article 26.044, Code of Criminal Procedure. |
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(b) The commission shall offer assistance to counties in the |
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establishment and oversight of public defenders' offices. Except |
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as provided by Subsection (c), the commission may offer the |
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assistance described by this subsection only to counties with |
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populations of less than 50,000. |
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(c) The commission may offer the assistance described by |
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Subsection (b) to a county with a population of 50,000 or more only |
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if there is an existing effort to establish and develop a public |
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defender's office in that county. The commission shall offer the |
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assistance described by Subsection (b) to counties with a |
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population of 50,000 or more if public defenders' offices exist in |
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all counties with populations of less than 50,000. |
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(d) The commission shall establish policies and procedures |
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for the operation and administration of a public defender's office. |
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(e) Not later than November 1 of each even-numbered year, |
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the commission shall submit to the governor and the legislature a |
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report that includes: |
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(1) a plan and a timeline for establishing public |
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defenders' offices in counties with populations of less than |
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50,000; and |
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(2) a report on the number of public defenders' offices |
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established with the commission's assistance under this section. |
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Sec. 79.044. REVIEW OF ATTORNEY'S FEES. The commission |
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shall conduct an annual review of criminal defense attorney's fees |
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in this state to ensure that attorneys are charging equitable, |
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consistent, and fair rates to defendants in criminal cases across |
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the state. |
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SECTION 2. This Act takes effect September 1, 2019. |