90R4127 AJZ-D
 
  By: Moody H.B. No. 611
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the establishment of the office of defender general.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle F, Title 2, Government Code, is amended
  by adding Chapter 78A to read as follows:
  CHAPTER 78A. OFFICE OF DEFENDER GENERAL
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 78A.001.  DEFINITIONS. In this chapter:
               (1)  "Office of capital and forensic writs" has the
  meaning assigned by Section 78.001.
               (2)  "Office" means the office of defender general
  established under this chapter.
         Sec. 78A.002.  ESTABLISHMENT; FUNDING. (a) The office of
  defender general is established.
         (b)  The office shall receive funds for personnel costs and
  expenses: 
               (1)  as specified in the General Appropriations Act;
  and 
               (2)  from the fair defense account under Section
  79.031, in an amount sufficient to cover personnel costs and
  expenses not covered by appropriations described by Subdivision
  (1).
         Sec. 78A.003.  ADMINISTRATIVE ATTACHMENT TO OFFICE OF
  CAPITAL AND FORENSIC WRITS. (a)  The office of defender general is
  administratively attached to the office of capital and forensic
  writs. 
         (b)  The office of capital and forensic writs shall provide
  administrative support to the office of defender general as
  necessary to enable the office of defender general to carry out its
  powers and duties under this chapter.
         (c)  Only the office of defender general may exercise the
  powers and duties of the office under this chapter.  Except as
  otherwise provided by this chapter, the office of capital and
  forensic writs does not have any authority or responsibility
  related to the powers and duties of the office of defender general
  under this chapter. 
         Sec. 78A.004.  DIRECTOR; STAFF. (a)  The director of the
  office of capital and forensic writs shall hire a supervisor to
  direct and supervise the office of defender general.
         (b)  The director of the office of capital and forensic writs
  shall employ attorneys and other personnel necessary to perform the
  powers and duties of the office of defender general.  The director
  may delegate to the supervisor hired under Subsection (a) all or
  part of the authority granted under this subsection. 
         (c)  To be employed by the office of defender general, an
  attorney must have at least five years of experience as an attorney
  in the practice of criminal law in this state. 
  SUBCHAPTER B. POWERS AND DUTIES
         Sec. 78A.051.  POWERS AND DUTIES. (a)  The office may
  represent an appellant before the court of criminal appeals in a
  direct appeal, a petition for discretionary review, or another
  appellate matter. 
         (b)  The office may participate in appellate proceedings
  before the court of criminal appeals as an amicus curiae. The
  office may represent an appellant in other courts of appeal.
         (c)  The office may decline to accept an appointment under
  Article 26.04 or 26.052, Code of Criminal Procedure, if:
               (1)  a conflict of interest exists;
               (2)  the office has insufficient resources to provide
  adequate representation for the appellant;
               (3)  the office is incapable of providing
  representation for the appellant in accordance with the rules of
  professional conduct; or
               (4)  other good cause is shown for not accepting the
  appointment.
         SECTION 2.  Section 79.031, Government Code, is amended to
  read as follows:
         Sec. 79.031.  FAIR DEFENSE ACCOUNT.  The fair defense
  account is an account in the general revenue fund that may be
  appropriated only to:
               (1)  the commission for the purpose of implementing
  this chapter; [and]
               (2)  the office of capital and forensic writs for the
  purpose of implementing Subchapter B, Chapter 78; and
               (3)  the office of defender general for the purpose of
  implementing Chapter 78A.
         SECTION 3.  Not later than January 1, 2028, the director of
  the office of capital and forensic writs shall hire a supervisor to
  direct and supervise the office of defender general, as required by
  Section 78A.004, Government Code, as added by this Act.
         SECTION 4.  This Act takes effect September 1, 2027.