bill letting program directors approve appointed lawyer pay

The text as introduced · 425 words

89R3508 AJZ-F

By: Campbell, King
S.B. No. 2009

A BILL TO BE ENTITLED

AN ACT

relating to the compensation of counsel appointed to provide

representation and services to indigent individuals in criminal and

juvenile proceedings.

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

SECTION 1. Article 26.05(c), Code of Criminal Procedure, is

amended to read as follows:

(c) Each fee schedule adopted shall state reasonable fixed

rates or minimum and maximum hourly rates, taking into

consideration reasonable and necessary overhead costs and the

availability of qualified attorneys willing to accept the stated

rates, and shall provide a form for the appointed counsel to itemize

the types of services performed. No payment shall be made under

this article until the form for itemizing the services performed is

submitted to the judge presiding over the proceedings or, if the

county operates a managed assigned counsel program under Article

26.047, to the director of the program or the director's designee ,

and until the judge or the director or director's designee , as

applicable, approves the payment. If the judge or the director or

director's designee disapproves the requested amount of payment,

the judge or the director or director's designee shall make written

findings stating the amount of payment that the judge or the

director or director's designee approves and each reason for

approving an amount different from the requested amount. An

attorney whose request for payment is disapproved or is not

otherwise acted on by the 60th day after the date the request for

payment is submitted may appeal the disapproval or failure to act by

filing a motion with the presiding judge of the administrative

judicial region. On the filing of a motion, the presiding judge of

the administrative judicial region shall review the disapproval of

payment or failure to act and determine the appropriate amount of

payment. In reviewing the disapproval or failure to act, the

presiding judge of the administrative judicial region may conduct a

hearing. Not later than the 45th day after the date an application

for payment of a fee is submitted under this article, the

commissioners court shall pay to the appointed counsel the amount

that is approved by the presiding judge of the administrative

judicial region and that is in accordance with the fee schedule for

that county.

SECTION 2. Article 26.05(c), Code of Criminal Procedure, as

amended by this Act, applies only to expenses incurred by an

attorney on or after the effective date of this Act.

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