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A BILL TO BE ENTITLED
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AN ACT
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relating to the policies and standards of the Texas Indigent |
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Defense Commission applicable to the provision of indigent defense |
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services or family protection services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 79.034(a-1), Government Code, is amended |
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to read as follows: |
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(a-1) The policies and standards must [may] include: |
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(1) performance standards for counsel appointed to |
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represent indigent individuals; |
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(2) qualification standards under which attorneys may |
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qualify for appointment to represent: |
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(A) indigent defendants, including: |
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(i) qualifications commensurate with the |
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seriousness of the nature of the proceeding; |
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(ii) qualifications appropriate for |
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representation of mentally ill defendants and noncitizen |
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defendants; |
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(iii) successful completion of relevant |
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continuing legal education programs approved by the council; and |
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(iv) testing and certification standards; |
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or |
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(B) indigent parents and children in suits filed |
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by the department, including: |
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(i) qualifications appropriate for |
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representing an indigent parent; |
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(ii) qualifications appropriate for |
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representing a child; |
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(iii) successful completion of relevant |
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continuing legal education programs required by law or the State |
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Bar of Texas and approved by the council; and |
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(iv) testing and certification standards; |
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(3) standards for ensuring appropriate appointed |
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caseloads for counsel appointed to represent indigent individuals; |
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(4) standards for determining whether a person accused |
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of a crime or juvenile offense or named in a suit filed by the |
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department is indigent; |
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(5) policies and standards governing the organization |
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and operation of an assigned counsel program; |
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(6) policies and standards governing the organization |
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and operation of a public defender's office consistent with |
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recognized national policies and standards; |
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(7) policies and standards governing the organization |
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and operation of an office of child representation or office of |
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parent representation consistent with recognized national policies |
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and standards; |
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(8) standards for providing indigent defense services |
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or family protection services under a contract defender program |
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consistent with recognized national policies and standards; |
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(9) standards governing the reasonable compensation |
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of counsel appointed to represent indigent individuals; |
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(10) standards governing the availability and |
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reasonable compensation of providers of indigent defense support |
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services or family protection services for counsel appointed to |
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represent indigent individuals; |
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(11) standards governing the operation of a legal |
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clinic or program that provides legal services to indigent |
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individuals and is sponsored by a law school approved by the supreme |
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court; |
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(12) policies and standards governing the appointment |
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of attorneys to represent children in proceedings under Title 3, |
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Family Code; |
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(13) policies and standards governing the appointment |
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of attorneys to represent indigent parents and children in |
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proceedings with the department under Title 5, Family Code; |
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(14) policies and standards governing the |
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organization and operation of a managed assigned counsel program |
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consistent with nationally recognized policies and standards; and |
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(15) other policies and standards for providing |
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indigent defense services and family protection services as |
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determined by the commission to be appropriate. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the Texas Indigent Defense Commission shall revise the |
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policies and standards developed under Section 79.034(a), |
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Government Code, as necessary to conform to Section 79.034(a-1), |
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Government Code, as amended by this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |