H.B. No. 1265
 
 
 
 
AN ACT
  relating to the operations of the Task Force on Indigent Defense and
  a legal services fee for indigent persons paid by members of the
  state bar.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 71.001(1), Government Code, is amended
  to read as follows:
               (1)  "Assigned [Ad hoc assigned] counsel program" means
  a system under which private attorneys, acting as independent
  contractors and compensated with public funds, are individually
  appointed to provide legal representation and services to a
  particular indigent defendant accused of a crime or juvenile
  offense.
         SECTION 2.  Section 71.055(a), Government Code, is amended
  to read as follows:
         (a)  The Task Force on Indigent Defense shall meet at least
  four times each year [quarterly] and at such other times as it deems
  necessary or convenient to perform its duties.
         SECTION 3.  Section 71.060(a), Government Code, is amended
  to read as follows:
         (a)  The Task Force on Indigent Defense shall develop
  policies and standards for providing legal representation and other
  defense services to indigent defendants at trial, on appeal, and in
  postconviction proceedings. The policies and standards may
  include:
               (1)  performance standards for counsel appointed to
  represent indigent defendants;
               (2)  qualification standards under which attorneys may
  qualify for appointment to represent indigent defendants,
  including:
                     (A)  qualifications commensurate with the
  seriousness of the nature of the proceeding;
                     (B)  qualifications appropriate for
  representation of mentally ill defendants and noncitizen
  defendants;
                     (C)  successful completion of relevant continuing
  legal education programs approved by the council; and
                     (D)  testing and certification standards;
               (3)  standards for ensuring appropriate appointed
  caseloads for counsel appointed to represent indigent defendants;
               (4)  standards for determining whether a person accused
  of a crime or juvenile offense is indigent;
               (5)  policies and standards governing the organization
  and operation of an [ad hoc] assigned counsel program;
               (6)  policies and standards governing the organization
  and operation of a public defender consistent with recognized
  national policies and standards;
               (7)  standards for providing indigent defense services
  under a contract defender program consistent with recognized
  national policies and standards;
               (8)  standards governing the reasonable compensation
  of counsel appointed to represent indigent defendants;
               (9)  standards governing the availability and
  reasonable compensation of providers of indigent defense support
  services for counsel appointed to represent indigent defendants;
               (10)  standards governing the operation of a legal
  clinic or program that provides legal services to indigent
  defendants and is sponsored by a law school approved by the supreme
  court;
               (11)  policies and standards governing the appointment
  of attorneys to represent children in proceedings under Title 3,
  Family Code; and
               (12)  other policies and standards for providing
  indigent defense services as determined by the task force to be
  appropriate.
         SECTION 4.  Section 81.054(j), Government Code, is amended
  to read as follows:
         (j)  The supreme court shall set an additional legal services
  fee in an amount of $65 to be paid annually by each active member of
  the state bar except as provided by Subsection (k). Section 81.024
  does not apply to a fee set under this subsection. [This subsection
  expires on September 1, 2007.]
         SECTION 5.  This Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1265 was passed by the House on April
  17, 2007, by the following vote:  Yeas 137, Nays 0, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 1265 on May 24, 2007, by the following vote:  Yeas 138, Nays 6,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1265 was passed by the Senate, with
  amendments, on May 22, 2007, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor