S.B. No. 1057
 
 
 
 
AN ACT
  relating to the provision of funding for indigent defense services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 79.016(a) and (c), Government Code, are
  amended to read as follows:
         (a)  A board member who is a chief public defender for or [who
  is] an attorney employed by an entity [a public defender's office in
  a county] that applies for funds under Section 79.037 shall
  disclose that fact before a vote by the board regarding an award of
  funds to that entity [county] and may not participate in that [such
  a] vote.
         (c)  The commission may not award funds under Section 79.037
  to an entity [a county] served by a chief public defender or other
  attorney who fails to make a disclosure to the board as required by
  Subsection (a).
         SECTION 2.  Section 79.037, Government Code, is amended by
  amending Subsections (a), (b), and (c) and adding Subsections (e),
  (f), (g), and (h) to read as follows:
         (a)  The commission shall:
               (1)  provide technical support to:
                     (A)  assist counties in improving their indigent
  defense systems; and
                     (B)  promote compliance by counties with the
  requirements of state law relating to indigent defense;
               (2)  to assist a county [counties] in providing
  indigent defense services in the county, distribute in the form of
  grants any funds appropriated for the purposes of this section to
  one or more of the following entities:
                     (A)  the county;
                     (B)  a law school's legal clinic or program that
  provides indigent defense services in the county; and
                     (C)  a regional public defender that meets the
  requirements of Subsection (e) and provides indigent defense
  services in the county; and
               (3)  monitor each entity [county] that receives a grant
  under Subdivision (2) and enforce compliance [by the county] with
  the conditions of the grant, including enforcement by:
                     (A)  withdrawing grant funds; or
                     (B)  requiring reimbursement of grant funds by the
  entity [county].
         (b)  The commission shall determine for each county the
  entity or entities within the county that are eligible to receive 
  [distribute] funds for the provision of indigent defense services
  under [as required by] Subsection (a)(2).  The determination must
  be made based on the entity's:
               (1)  [a county's] compliance with standards adopted by
  the board; and
               (2)  [the county's] demonstrated commitment to
  compliance with the requirements of state law relating to indigent
  defense.
         (c)  The board shall adopt policies to ensure that funds
  under Subsection (a)(2) are allocated and distributed [to counties]
  in a fair manner.
         (e)  The commission may distribute funds under Subsection
  (a)(2) to a regional public defender's office formed under Article
  26.044, Code of Criminal Procedure, if:
               (1)  the regional public defender's office serves two
  or more counties;
               (2)  each county that enters an agreement to create or
  designate and to jointly fund the regional public defender's office
  satisfies the commission that the county will timely provide funds
  to the office for the duration of the grant for at least half of the
  office's operational costs;
               (3)  each participating county by local rule adopts and
  submits to the commission guidelines under Article 26.04(f), Code
  of Criminal Procedure, detailing the types of cases to be assigned
  to the office; and
               (4)  each participating county and the regional public
  defender's office agree in writing to a method that the commission
  determines to be appropriate under Subsection (f) to pay all costs
  associated with the defense of cases assigned to the office that
  remain pending in the county after the termination of the agreement
  or the county's participation in the agreement.
         (f)  The commission shall select, by rule or under a contract
  with a regional public defender's office, a method for the payment
  of costs under Subsection (e)(4), which may include any combination
  of the following:
               (1)  allowing an office to establish and maintain a
  reserve of funds sufficient to cover anticipated costs, in an
  amount determined appropriate by the commission;
               (2)  guaranteeing all or part of the costs to be paid;
  or
               (3)  establishing a schedule of fees for the payment of
  costs in the manner provided by Article 26.05, Code of Criminal
  Procedure.
         (g)  Any change to a schedule of fees established under
  Subsection (f)(3) must first be approved by the commission.
         (h)  A regional public defender's office shall collect each
  participating county's portion of the operational costs as that
  portion is provided by the county to the office.
         SECTION 3.  This Act takes effect September 1, 2015.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1057 passed the Senate on
  April 30, 2015, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendment on May 22, 2015, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1057 passed the House, with
  amendment, on May 18, 2015, by the following vote: Yeas 139,
  Nays 0, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor