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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of the office of defender general. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 2, Government Code, is amended |
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by adding Chapter 78A to read as follows: |
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CHAPTER 78A. OFFICE OF DEFENDER GENERAL |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 78A.001. DEFINITIONS. In this chapter: |
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(1) "Office of capital and forensic writs" has the |
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meaning assigned by Section 78.001. |
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(2) "Office" means the office of defender general |
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established under this chapter. |
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Sec. 78A.002. ESTABLISHMENT; FUNDING. (a) The office of |
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defender general is established. |
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(b) The office shall receive funds for personnel costs and |
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expenses: |
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(1) as specified in the General Appropriations Act; |
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and |
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(2) from the fair defense account under Section |
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79.031, in an amount sufficient to cover personnel costs and |
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expenses not covered by appropriations described by Subdivision |
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(1). |
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Sec. 78A.003. ADMINISTRATIVE ATTACHMENT TO OFFICE OF |
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CAPITAL AND FORENSIC WRITS. (a) The office of defender general is |
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administratively attached to the office of capital and forensic |
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writs. |
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(b) The office of capital and forensic writs shall provide |
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administrative support to the office of defender general as |
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necessary to enable the office of defender general to carry out its |
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powers and duties under this chapter. |
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(c) Only the office of defender general may exercise the |
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powers and duties of the office under this chapter. Except as |
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otherwise provided by this chapter, the office of capital and |
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forensic writs does not have any authority or responsibility |
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related to the powers and duties of the office of defender general |
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under this chapter. |
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Sec. 78A.004. DIRECTOR; STAFF. (a) The director of the |
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office of capital and forensic writs shall hire a supervisor to |
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direct and supervise the office of defender general. |
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(b) The director of the office of capital and forensic writs |
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shall employ attorneys and other personnel necessary to perform the |
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powers and duties of the office of defender general. The director |
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may delegate to the supervisor hired under Subsection (a) all or |
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part of the authority granted under this subsection. |
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(c) To be employed by the office of defender general, an |
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attorney must have at least five years of experience as an attorney |
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in the practice of criminal law in this state. |
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SUBCHAPTER B. POWERS AND DUTIES |
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Sec. 78A.051. POWERS AND DUTIES. (a) The office may |
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represent an appellant before the court of criminal appeals in a |
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direct appeal, a petition for discretionary review, or another |
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appellate matter. |
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(b) The office may participate in appellate proceedings |
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before the court of criminal appeals as an amicus curiae. The |
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office may represent an appellant in other courts of appeal. |
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(c) The office may decline to accept an appointment under |
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Article 26.04 or 26.052, Code of Criminal Procedure, if: |
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(1) a conflict of interest exists; |
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(2) the office has insufficient resources to provide |
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adequate representation for the appellant; |
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(3) the office is incapable of providing |
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representation for the appellant in accordance with the rules of |
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professional conduct; or |
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(4) other good cause is shown for not accepting the |
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appointment. |
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SECTION 2. Section 79.031, Government Code, is amended to |
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read as follows: |
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Sec. 79.031. FAIR DEFENSE ACCOUNT. The fair defense |
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account is an account in the general revenue fund that may be |
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appropriated only to: |
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(1) the commission for the purpose of implementing |
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this chapter; [and] |
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(2) the office of capital and forensic writs for the |
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purpose of implementing Subchapter B, Chapter 78; and |
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(3) the office of defender general for the purpose of |
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implementing Chapter 78A. |
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SECTION 3. Not later than January 1, 2028, the director of |
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the office of capital and forensic writs shall hire a supervisor to |
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direct and supervise the office of defender general, as required by |
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Section 78A.004, Government Code, as added by this Act. |
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SECTION 4. This Act takes effect September 1, 2027. |