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AN ACT
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relating to the governance and administration of the Texas Indigent |
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Defense Commission and to certain disclosures made in relation to |
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the provision of funding for indigent defense services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 79.014(a) and (b), Government Code, are |
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amended to read as follows: |
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(a) The governor shall appoint with the advice and consent |
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of the senate seven [five] members of the board as follows: |
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(1) one member who is a district judge serving as a |
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presiding judge of an administrative judicial region; |
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(2) one member who is a judge of a constitutional |
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county court or who is a county commissioner; |
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(3) one member who is a practicing criminal defense |
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attorney; |
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(4) one member who is a chief public defender in this |
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state [or the chief public defender's designee, who must be an |
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attorney employed by the public defender's office]; [and] |
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(5) one member who is a judge of a constitutional |
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county court or who is a county commissioner of a county with a |
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population of 250,000 or more; |
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(6) one member who is either: |
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(A) a director of a managed assigned counsel |
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program in this state; or |
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(B) a person who has a demonstrated expertise in |
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indigent defense issues; and |
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(7) one member who is a justice of the peace, municipal |
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court judge, or appointed magistrate under Article 2.09, Code of |
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Criminal Procedure, whose regular duties include presiding over |
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hearings under Article 15.17, Code of Criminal Procedure. |
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(b) The board members serve staggered terms of two years, |
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with three [two] members' terms expiring February 1 of each |
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odd-numbered year and four [three] members' terms expiring February |
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1 of each even-numbered year. |
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SECTION 2. Sections 79.016(a) and (c), Government Code, are |
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amended to read as follows: |
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(a) A board member who is a chief public defender or a |
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director of a managed assigned counsel program for [or an attorney |
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employed by] an entity that applies for funds under Section 79.037 |
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shall disclose that fact before a vote by the board regarding an |
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award of funds to that entity and may not participate in that vote. |
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(c) The commission may not award funds under Section 79.037 |
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to an entity served by a chief public defender or a director of a |
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managed assigned counsel program [other attorney] who fails to make |
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a disclosure to the board as required by Subsection (a). |
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SECTION 3. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 409 was passed by the House on April |
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27, 2023, by the following vote: Yeas 141, Nays 5, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 409 on May 25, 2023, by the following vote: Yeas 125, Nays 11, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 409 was passed by the Senate, with |
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amendments, on May 19, 2023, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |