Bill Text: TX SB2120 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to the establishment of a family protection representation program within the Texas Indigent Defense Commission.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-06-18 - Effective on 9/1/23 [SB2120 Detail]
Download: Texas-2023-SB2120-Enrolled.html
S.B. No. 2120 |
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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 [ |
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(2) qualification standards under which attorneys may | ||
qualify for appointment to represent: | ||
(A) indigent defendants, including: | ||
(i) [ |
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the seriousness of the nature of the proceeding; | ||
(ii) [ |
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representation of mentally ill defendants and noncitizen | ||
defendants; | ||
(iii) [ |
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relevant continuing legal education programs approved by the | ||
council; and | ||
(iv) [ |
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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 | ||
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(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) [ |
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compensation of counsel appointed to represent indigent | ||
individuals [ |
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(10) [ |
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reasonable compensation of providers of indigent defense support | ||
services or family protection services for counsel appointed to | ||
represent indigent individuals [ |
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(11) [ |
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legal clinic or program that provides legal services to indigent | ||
individuals [ |
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by the supreme court; | ||
(12) [ |
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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) [ |
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organization and operation of a managed assigned counsel program | ||
consistent with nationally recognized policies and standards; and | ||
(15) [ |
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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 | ||
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(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; [ |
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(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; [ |
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(E) a nonprofit corporation that provides | ||
indigent defense services, [ |
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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 [ |
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and | ||
(3) has substantial experience in the practice of | ||
child protection [ |
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(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 | ||
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(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 |