H.B. No. 1318
 
 
 
 
AN ACT
  relating to the appointment of counsel to represent certain youths
  and indigent defendants.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  (a)  Effective September 1, 2014, Article
  26.04(j), Code of Criminal Procedure, is amended to read as
  follows:
         (j)  An attorney appointed under this article shall:
               (1)  make every reasonable effort to contact the
  defendant not later than the end of the first working day after the
  date on which the attorney is appointed and to interview the
  defendant as soon as practicable after the attorney is appointed;
               (2)  represent the defendant until charges are
  dismissed, the defendant is acquitted, appeals are exhausted, or
  the attorney is permitted or ordered by the court to withdraw as
  counsel for the defendant after a finding of good cause is entered
  on the record; [and]
               (3)  with respect to a defendant not represented by
  other counsel, before withdrawing as counsel for the defendant
  after a trial or the entry of a plea of guilty:
                     (A)  advise the defendant of the defendant's right
  to file a motion for new trial and a notice of appeal;
                     (B)  if the defendant wishes to pursue either or
  both remedies described by Paragraph (A), assist the defendant in
  requesting the prompt appointment of replacement counsel; and
                     (C)  if replacement counsel is not appointed
  promptly and the defendant wishes to pursue an appeal, file a timely
  notice of appeal; and
               (4)  not later than October 15 of each year and on a
  form prescribed by the Texas Indigent Defense Commission, submit to
  the county information, for the preceding fiscal year, that
  describes the percentage of the attorney's practice time that was
  dedicated to work based on appointments accepted in the county
  under this article and Title 3, Family Code.
         (b)  The change in law made by this section to Article
  26.04(j), Code of Criminal Procedure, applies only to a criminal
  proceeding that commences on or after September 1, 2014.  A criminal
  proceeding that commences before September 1, 2014, is governed by
  the law in effect when the proceeding commenced, and the former law
  is continued in effect for that purpose.
         SECTION 2.  Article 26.044, Code of Criminal Procedure, is
  amended by amending Subsection (j) and adding Subsections (j-1) and
  (j-2) to read as follows:
         (j)  A public defender's office may not accept an appointment
  under Article 26.04(f) if:
               (1)  a conflict of interest exists that has not been
  waived by the client;
               (2)  the public defender's office has insufficient
  resources to provide adequate representation for the defendant;
               (3)  the public defender's office is incapable of
  providing representation for the defendant in accordance with the
  rules of professional conduct;
               (4)  the acceptance of the appointment would violate
  the maximum allowable caseloads established at the public
  defender's office; or
               (5) [(4)]  the public defender's office shows other
  good cause for not accepting the appointment.
         (j-1)  On refusing an appointment under Subsection (j), a
  chief public defender shall file with the court a written statement
  that identifies any reason for refusing the appointment. The court
  shall determine whether the chief public defender has demonstrated
  adequate good cause for refusing the appointment and shall include
  the statement with the papers in the case.
         (j-2)  A chief public defender may not be terminated,
  removed, or sanctioned for refusing in good faith to accept an
  appointment under Subsection (j).
         SECTION 3.  Section 51.101(a), Family Code, is amended to
  read as follows:
         (a)  If an attorney is appointed under Section 54.01(b-1) or
  (d) to represent a child at the initial detention hearing and the
  child is detained, the attorney shall continue to represent the
  child until the case is terminated, the family retains an attorney,
  or a new attorney is appointed by the juvenile court. Release of
  the child from detention does not terminate the attorney's
  representation.
         SECTION 4.  Section 54.01, Family Code, is amended by adding
  Subsection (b-1) and amending Subsection (d) to read as follows:
         (b-1)  Unless the court finds that the appointment of counsel
  is not feasible due to exigent circumstances, the court shall
  appoint counsel within a reasonable time before the first detention
  hearing is held to represent the child at that hearing.
         (d)  A detention hearing may be held without the presence of
  the child's parents if the court has been unable to locate them. If
  no parent or guardian is present, the court shall appoint counsel or
  a guardian ad litem for the child, subject to the requirements of
  Subsection (b-1).
         SECTION 5.  Effective September 1, 2013, Section 79.036(a),
  Government Code, is amended to read as follows:
         (a)  Not [In each county, not] later than November 1 of each
  odd-numbered year and in the form and manner prescribed by the
  commission, each county [the following information] shall prepare 
  [be prepared] and provide [provided] to the commission:
               (1)  a copy of all formal and informal rules and forms
  that describe the procedures used in the county to provide indigent
  defendants with counsel in accordance with the Code of Criminal
  Procedure, including the schedule of fees required under Article
  26.05 of that code;
               (2)  any plan or proposal submitted to the
  commissioners court under Article 26.044, Code of Criminal
  Procedure;
               (3)  any plan of operation submitted to the
  commissioners court under Article 26.047, Code of Criminal
  Procedure;
               (4)  any contract for indigent defense services
  required under rules adopted by the commission relating to a
  contract defender program;
               (5) [(2)]  any revisions to rules, [or] forms, plans,
  proposals, or contracts previously submitted under this section; or
               (6) [(3)]  verification that rules, [and] forms,
  plans, proposals, or contracts previously submitted under this
  section still remain in effect.
         SECTION 6.  Effective September 1, 2014, Section 79.036,
  Government Code, is amended by adding Subsection (a-1) to read as
  follows:
         (a-1)  Not later than November 1 of each year and in the form
  and manner prescribed by the commission, each county shall prepare
  and provide to the commission information that describes for the
  preceding fiscal year the number of appointments under Article
  26.04, Code of Criminal Procedure, and Title 3, Family Code, made to
  each attorney accepting appointments in the county, and information
  provided to the county by those attorneys under Article
  26.04(j)(4), Code of Criminal Procedure.
         SECTION 7.  Sections 51.101(a) and 54.01, Family Code, as
  amended by this Act, apply only to a detention hearing that is held
  for a child taken into custody on or after the effective date of
  this Act.
         SECTION 8.  (a)  This section takes effect September 1, 2013.
         (b)  Not later than January 1, 2015, the Texas Indigent
  Defense Commission shall conduct and publish a study for the
  purpose of determining guidelines for establishing a maximum
  allowable caseload for a criminal defense attorney that, when the
  attorney's total caseload, including appointments made under
  Article 26.04, Code of Criminal Procedure, appointments made under
  Title 3, Family Code, and other work, is considered, allows the
  attorney to give each indigent defendant the time and effort
  necessary to ensure effective representation.  The study must be
  based on relevant policies, performance guidelines, and best
  practices.
         (c)  In conducting the study under Subsection (b) of this
  section, the commission shall consult with criminal defense
  attorneys, criminal defense attorney associations, the judiciary,
  and any other organization engaged in the development of criminal
  indigent defense policy that the commission considers appropriate.
         SECTION 9.  This Act takes effect September 1, 2013.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1318 was passed by the House on May 9,
  2013, by the following vote:  Yeas 134, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 1318 on May 21, 2013, by the following vote:  Yeas 143, Nays 0,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1318 was passed by the Senate, with
  amendments, on May 17, 2013, by the following vote:  Yeas 29, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor