Moody Bill Creates A New State Office Of Defender General

The text as introduced · 652 words

90R4127 AJZ-D

By: Moody
H.B. No. 611

A BILL TO BE ENTITLED

AN ACT

relating to the establishment of the office of defender general.

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

SECTION 1. Subtitle F, Title 2, Government Code, is amended

by adding Chapter 78A to read as follows:

CHAPTER 78A. OFFICE OF DEFENDER GENERAL

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 78A.001. DEFINITIONS. In this chapter:

(1) "Office of capital and forensic writs" has the

meaning assigned by Section 78.001.

(2) "Office" means the office of defender general

established under this chapter.

Sec. 78A.002. ESTABLISHMENT; FUNDING. (a) The office of

defender general is established.

(b) The office shall receive funds for personnel costs and

expenses:

(1) as specified in the General Appropriations Act;

and

(2) from the fair defense account under Section

79.031, in an amount sufficient to cover personnel costs and

expenses not covered by appropriations described by Subdivision

(1).

Sec. 78A.003. ADMINISTRATIVE ATTACHMENT TO OFFICE OF

CAPITAL AND FORENSIC WRITS. (a) The office of defender general is

administratively attached to the office of capital and forensic

writs.

(b) The office of capital and forensic writs shall provide

administrative support to the office of defender general as

necessary to enable the office of defender general to carry out its

powers and duties under this chapter.

(c) Only the office of defender general may exercise the

powers and duties of the office under this chapter. Except as

otherwise provided by this chapter, the office of capital and

forensic writs does not have any authority or responsibility

related to the powers and duties of the office of defender general

under this chapter.

Sec. 78A.004. DIRECTOR; STAFF. (a) The director of the

office of capital and forensic writs shall hire a supervisor to

direct and supervise the office of defender general.

(b) The director of the office of capital and forensic writs

shall employ attorneys and other personnel necessary to perform the

powers and duties of the office of defender general. The director

may delegate to the supervisor hired under Subsection (a) all or

part of the authority granted under this subsection.

(c) To be employed by the office of defender general, an

attorney must have at least five years of experience as an attorney

in the practice of criminal law in this state.

SUBCHAPTER B. POWERS AND DUTIES

Sec. 78A.051. POWERS AND DUTIES. (a) The office may

represent an appellant before the court of criminal appeals in a

direct appeal, a petition for discretionary review, or another

appellate matter.

(b) The office may participate in appellate proceedings

before the court of criminal appeals as an amicus curiae. The

office may represent an appellant in other courts of appeal.

(c) The office may decline to accept an appointment under

Article 26.04 or 26.052, Code of Criminal Procedure, if:

(1) a conflict of interest exists;

(2) the office has insufficient resources to provide

adequate representation for the appellant;

(3) the office is incapable of providing

representation for the appellant in accordance with the rules of

professional conduct; or

(4) other good cause is shown for not accepting the

appointment.

SECTION 2. Section 79.031, Government Code, is amended to

read as follows:

Sec. 79.031. FAIR DEFENSE ACCOUNT. The fair defense

account is an account in the general revenue fund that may be

appropriated only to:

(1) the commission for the purpose of implementing

this chapter; [ and ]

(2) the office of capital and forensic writs for the

purpose of implementing Subchapter B, Chapter 78 ; and

(3) the office of defender general for the purpose of

implementing Chapter 78A .

SECTION 3. Not later than January 1, 2028, the director of

the office of capital and forensic writs shall hire a supervisor to

direct and supervise the office of defender general, as required by

Section 78A.004, Government Code, as added by this Act.

SECTION 4. This Act takes effect September 1, 2027.