bill changes one word for the Texas Indigent Defense Commission

The text as introduced · 534 words

89R4060 RAL-F

By: Morales of Maverick
H.B. No. 4221

A BILL TO BE ENTITLED

AN ACT

relating to the policies and standards of the Texas Indigent

Defense Commission applicable to the provision of indigent defense

services or family protection services.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 79.034(a-1), Government Code, is amended

to read as follows:

(a-1) The policies and standards must [ may ] include:

(1) performance standards for counsel appointed to

represent indigent individuals;

(2) qualification standards under which attorneys may

qualify for appointment to represent:

(A) indigent defendants, including:

(i) qualifications commensurate with the

seriousness of the nature of the proceeding;

(ii) qualifications appropriate for

representation of mentally ill defendants and noncitizen

defendants;

(iii) successful completion of relevant

continuing legal education programs approved by the council; and

(iv) 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;

(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) standards governing the reasonable compensation

of counsel appointed to represent indigent individuals;

(10) 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;

(11) standards governing the operation of a legal

clinic or program that provides legal services to indigent

individuals and is sponsored by a law school approved by the supreme

court;

(12) 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) policies and standards governing the

organization and operation of a managed assigned counsel program

consistent with nationally recognized policies and standards; and

(15) other policies and standards for providing

indigent defense services and family protection services as

determined by the commission to be appropriate.

SECTION 2. As soon as practicable after the effective date

of this Act, the Texas Indigent Defense Commission shall revise the

policies and standards developed under Section 79.034(a),

Government Code, as necessary to conform to Section 79.034(a-1),

Government Code, as amended by this Act.

SECTION 3. This Act takes effect September 1, 2025.