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  S.B. No. 2120
 
 
 
 
AN ACT
  relating to the establishment of a family protection representation
  program within the Texas Indigent Defense Commission.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 79.001, Government Code, is amended by
  amending Subdivisions (1) and (4) and adding Subdivisions (1-a),
  (7-a), (8-a), (12-a), and (12-b) to read as follows:
               (1)  "Assigned counsel program" means a system under
  which private attorneys, acting as independent contractors and
  compensated with public funds, are individually appointed to:
                     (A)  provide legal representation and services to
  a particular indigent defendant accused of a crime or juvenile
  offense; or
                     (B)  serve as an attorney ad litem.
               (1-a)  "Attorney ad litem" means an attorney appointed
  by a court to represent and advocate on behalf of an indigent parent
  or child in a suit filed by the department against a parent.
               (4)  "Contract defender program" means a system under
  which private attorneys, acting as independent contractors and
  compensated with public funds, are engaged to provide legal
  representation and services to:
                     (A)  a group of unspecified indigent defendants
  who appear before a particular court or group of courts; or
                     (B)  indigent parents or children named in a suit
  filed by the department against a parent.
               (7-a)  "Department" means the Department of Family and
  Protective Services.
               (8-a)  "Family protection services" means services
  provided under this chapter by an attorney, attorney ad litem,
  licensed investigator, social worker, forensic expert, mental
  health expert, or other similar expert or specialist to an indigent
  parent or child in:
                     (A)  a suit filed by the department against the
  parent; or
                     (B)  a department investigation of the parent.
               (12-a)  "Office of child representation" has the
  meaning assigned by Section 107.254, Family Code.
               (12-b)  "Office of parent representation" has the
  meaning assigned by Section 107.255, Family Code.
         SECTION 2.  Section 79.012(b), Government Code, is amended
  to read as follows:
         (b)  The executive director:
               (1)  must be a licensed attorney;
               (2)  must demonstrate an interest in the standards for
  and provision of criminal defense services and family protection
  services to indigent individuals;
               (3)  may not engage in the private practice of law; and
               (4)  may not accept money, property, or any other thing
  of value not authorized by law for services rendered under this
  chapter.
         SECTION 3.  Section 79.034, Government Code, is amended by
  amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  The commission shall develop policies and standards for
  providing:
               (1)  legal representation and other defense services to
  indigent defendants at trial, on appeal, and in postconviction
  proceedings; and
               (2)  family protection services to indigent parents and
  children.
         (a-1)  The policies and standards may include:
               (1)  performance standards for counsel appointed to
  represent indigent individuals [defendants];
               (2)  qualification standards under which attorneys may
  qualify for appointment to represent:
                     (A)  indigent defendants, including:
                           (i) [(A)]  qualifications commensurate with
  the seriousness of the nature of the proceeding;
                           (ii) [(B)]  qualifications appropriate for
  representation of mentally ill defendants and noncitizen
  defendants;
                           (iii) [(C)]  successful completion of
  relevant continuing legal education programs approved by the
  council; and
                           (iv) [(D)]  testing and certification
  standards; or
                     (B)  indigent parents and children in suits filed
  by the department, including:
                           (i)  qualifications appropriate for
  representing an indigent parent;
                           (ii)  qualifications appropriate for
  representing a child;
                           (iii)  successful completion of relevant
  continuing legal education programs required by law or the State
  Bar of Texas and approved by the council; and
                           (iv)  testing and certification standards;
               (3)  standards for ensuring appropriate appointed
  caseloads for counsel appointed to represent indigent individuals
  [defendants];
               (4)  standards for determining whether a person accused
  of a crime or juvenile offense or named in a suit filed by the
  department is indigent;
               (5)  policies and standards governing the organization
  and operation of an assigned counsel program;
               (6)  policies and standards governing the organization
  and operation of a public defender's office consistent with
  recognized national policies and standards;
               (7)  policies and standards governing the organization
  and operation of an office of child representation or office of
  parent representation consistent with recognized national policies
  and standards;
               (8)  standards for providing indigent defense services
  or family protection services under a contract defender program
  consistent with recognized national policies and standards;
               (9) [(8)]  standards governing the reasonable
  compensation of counsel appointed to represent indigent
  individuals [defendants];
               (10) [(9)]  standards governing the availability and
  reasonable compensation of providers of indigent defense support
  services or family protection services for counsel appointed to
  represent indigent individuals [defendants];
               (11) [(10)]  standards governing the operation of a
  legal clinic or program that provides legal services to indigent
  individuals [defendants] and is sponsored by a law school approved
  by the supreme court;
               (12) [(11)]  policies and standards governing the
  appointment of attorneys to represent children in proceedings under
  Title 3, Family Code;
               (13)  policies and standards governing the appointment
  of attorneys to represent indigent parents and children in
  proceedings with the department under Title 5, Family Code;
               (14) [(12)]  policies and standards governing the
  organization and operation of a managed assigned counsel program
  consistent with nationally recognized policies and standards; and
               (15) [(13)]  other policies and standards for
  providing indigent defense services and family protection services
  as determined by the commission to be appropriate.
         SECTION 4.  Sections 79.035(a), (b), and (d), Government
  Code, are amended to read as follows:
         (a)  The commission shall develop a plan that establishes
  statewide requirements for counties relating to reporting indigent
  defense information and family protection services
  information.  The plan must include provisions designed to reduce
  redundant reporting by counties and provisions that take into
  consideration the costs to counties of implementing the plan
  statewide.  The commission shall use the information reported by a
  county to monitor the effectiveness of the county's indigent
  defense and family protection services policies, standards, and
  procedures and to ensure compliance by the county with the
  requirements of state law relating to indigent defense and family
  protection services.  The commission may revise the plan as
  necessary to improve monitoring of indigent defense and family
  protection services policies, standards, and procedures in this
  state.
         (b)  The commission shall annually submit to the governor,
  lieutenant governor, speaker of the house of representatives, and
  council and shall publish in written and electronic form a report:
               (1)  containing any information submitted to the
  commission by a county under Section 79.036; and
               (2)  regarding:
                     (A)  the quality of legal representation provided
  by counsel appointed to represent indigent individuals
  [defendants];
                     (B)  current indigent defense practices and
  family protection services practices in the state as compared to
  state and national standards;
                     (C)  efforts made by the commission to improve
  indigent defense practices and family protection services
  practices in the state;
                     (D)  recommendations made by the commission for
  improving indigent defense practices and family protection
  services practices in the state; and
                     (E)  the findings of a report submitted to the
  commission under Section 79.039.
         (d)  The commission may issue other reports relating to
  indigent defense and family protection services as determined to be
  appropriate by the commission.
         SECTION 5.  Subchapter C, Chapter 79, Government Code, is
  amended by adding Section 79.0365 to read as follows:
         Sec. 79.0365.  FAMILY PROTECTION SERVICES INFORMATION.  
  (a)  Not later than November 1 of each odd-numbered year and in the
  form and manner prescribed by the commission, each county shall
  prepare and provide to the commission:
               (1)  a copy of all formal and informal rules and forms
  governing the procedures the county uses to provide indigent
  parents and children with counsel in accordance with Title 5,
  Family Code;
               (2)  any fee schedule the court uses for family
  protection services representation; and
               (3)  information on the court's compliance with Chapter
  37, including the lists and rotation system required under that
  chapter.
         (b)  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 for the preceding state fiscal year:
               (1)  information on the number of appointments made to
  each attorney accepting appointments in the county for proceedings
  filed by the department under Title 5, Family Code; and
               (2)  information provided to the county by those
  attorneys under Section 107.0042, Family Code, if the attorneys do
  not report the information directly to the commission.
         (c)  The local administrative district judge in each county,
  or the person designated by the judge, shall perform the action
  required by Subsection (a) with respect to all rules and forms
  adopted by the judges of the county.
         (d)  In each county, the county auditor, or the person
  designated by the commissioners court if the county does not have a
  county auditor, shall prepare and send to the commission in the form
  and manner prescribed by the commission and on a monthly,
  quarterly, or annual basis, with respect to legal services provided
  in the county to indigent parents and children during each state
  fiscal year, information showing the total amount expended by the
  county to provide family protection services and an analysis of the
  amount expended by the county:
               (1)  in each district, county, statutory county, and
  appellate court;
               (2)  in cases for which a private attorney is appointed
  for an indigent parent or child; and
               (3)  for investigation expenses, expert witness
  expenses, or other litigation expenses.
         (e)  As a duty of office, each district and county clerk
  shall cooperate with the county auditor or the person designated by
  the commissioners court and the commissioners court in retrieving
  information required to be sent to the commission under this
  section.
         SECTION 6.  Sections 79.037(a), (b), and (d), Government
  Code, are amended to read as follows:
         (a)  The commission shall:
               (1)  provide technical support to:
                     (A)  assist counties in improving their systems
  for providing indigent defense services, including indigent
  defense support services; [and]
                     (B)  assist counties in improving their systems
  for providing family protection services; and
                     (C)  promote compliance by counties with the
  requirements of state law relating to indigent defense and family
  protection services;
               (2)  to assist a county in providing or improving the
  provision of indigent defense services and family protection
  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;
                     (C)  a regional public defender that meets the
  requirements of Subsection (e) and provides indigent defense
  services in the county;
                     (D)  an entity described by Section 791.013 that
  provides to a county administrative services under an interlocal
  contract entered into for the purpose of providing or improving the
  provision of indigent defense services or family protection
  services in the county; [and]
                     (E)  a nonprofit corporation that provides
  indigent defense services, [or] indigent defense support services,
  or family protection services in the county; and
                     (F)  an office of child representation or office
  of parent representation created under Subchapter G, Chapter 107,
  Family Code; and
               (3)  monitor each entity that receives a grant under
  Subdivision (2) and enforce compliance with the conditions of the
  grant, including enforcement by:
                     (A)  withdrawing grant funds; or
                     (B)  requiring reimbursement of grant funds by the
  entity.
         (b)  The commission shall determine for each county the
  entity or entities that are eligible to receive funds for the
  provision of or improvement in the provision of indigent defense
  services or family protection services under Subsection (a)(2).
  The determination must be made based on the entity's:
               (1)  compliance with standards adopted by the board;
  and
               (2)  demonstrated commitment to compliance with the
  requirements of state law relating to indigent defense or family
  protection services.
         (d)  A county may not reduce the amount of funds provided for
  indigent defense services or family protection services in the
  county because of funds provided by the commission under this
  section.
         SECTION 7.  Subchapter C, Chapter 79, Government Code, is
  amended by adding Section 79.041 to read as follows:
         Sec. 79.041.  FAMILY PROTECTION SERVICES INFORMATION
  SYSTEM.  (a)  By entering into an interlocal contract with one or
  more counties under Chapter 791, the commission may participate and
  assist counties in the creation, implementation, operation, and
  maintenance of a computerized system to be used to assist those
  counties in the provision and administration of family protection
  services and to be used to collect data from those counties
  regarding representation of indigent individuals in this state.
         (b)  The commission may use appropriated funds to pay costs
  incurred under an interlocal contract described by Subsection (a),
  including license fees, implementation costs, maintenance and
  operations costs, administrative costs, and any other costs
  specified in the interlocal contract. 
         (c)  The commission may provide training services to
  counties on the use and operation of a system created, implemented,
  operated, or maintained by one or more counties under Subsection
  (a). 
         (d)  Subchapter L, Chapter 2054, does not apply to an
  indigent defense information system created under this section. 
         SECTION 8.  Subchapter A, Chapter 107, Family Code, is
  amended by adding Section 107.0042 to read as follows:
         Sec. 107.0042.  REPORT ON PERCENTAGE OF PROFESSIONAL
  PRACTICE TIME AS ATTORNEY AD LITEM. Not later than October 15 of
  each year and on a form prescribed by the Texas Indigent Defense
  Commission, an attorney appointed as an attorney ad litem in a
  proceeding filed by the Department of Family and Protective
  Services under Title 5 shall submit to the county or the Texas
  Indigent Defense Commission a report for the preceding state fiscal
  year that describes the percentage of the attorney's professional
  practice time that was dedicated to the attorney's appointment as
  an attorney ad litem in the county under Title 5.
         SECTION 9.  Sections 107.259(a) and (d), Family Code, are
  amended to read as follows:
         (a)  An office of child representation or office of parent
  representation must be directed by a chief counsel who:
               (1)  is a member of the State Bar of Texas;
               (2)  has practiced law for at least five [three] years;
  and
               (3)  has substantial experience in the practice of
  child protection [welfare] law.
         (d)  Except as authorized by this chapter, the chief counsel
  and other attorneys employed by an office of child representation
  or office of parent representation may not:
               (1)  engage in the private practice of child protection 
  [welfare] law; or
               (2)  accept anything of value not authorized by this
  chapter for services rendered under this chapter.
         SECTION 10.  Section 71.0355, Government Code, is repealed.
         SECTION 11.  This Act takes effect September 1, 2023.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 2120 passed the Senate on
  April 25, 2023, by the following vote:  Yeas 29, Nays 1.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 2120 passed the House on
  May 24, 2023, by the following vote:  Yeas 117, Nays 21, one
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor