BILL ANALYSIS

H.B. 3488

By: DeAyala

Corrections

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The bill author has informed the committee that there are potentially conflicting and unclear provisions under state law governing indigent defense and explained that, for instance, under the Code of Criminal Procedure an indigent inmate's defense is provided by the Texas Board of Criminal Justice (TBCJ), while under the Health and Safety Code the obligation is placed on the Office of State Counsel for Offenders to represent an indigent person subject to a civil commitment proceeding. H.B. 3488 seeks to make TBCJ not only responsible for providing representation for an indigent inmate's defense but also responsible, with certain exceptions, for providing representation for an indigent person subject to a civil commitment proceeding.

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. 3488 amends the Health and Safety Code to transfer the duty of the Office of State Counsel for Offenders to represent an indigent person subject to a civil commitment proceeding under provisions governing the civil commitment of a sexually violent predator to the Texas Board of Criminal Justice, unless the board is unable to provide that representation for any reason, in which case the court is required to appoint other counsel.

EFFECTIVE DATE

September 1, 2025.