By: Wentworth S.B. No. 625
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the representation of indigent defendants in criminal
  cases.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsections (d) and (f), Article 26.04, Code of
  Criminal Procedure, are amended to read as follows:
         (d)  A public appointment list from which an attorney is
  appointed as required by Subsection (a) shall contain the names of
  qualified attorneys, each of whom:
               (1)  applies to be included on the list;
               (2)  meets the objective qualifications specified by
  the judges under Subsection (e);
               (3)  meets any applicable qualifications specified by
  the Texas [Task Force on] Indigent Defense Council; and
               (4)  is approved by a majority of the judges who
  established the appointment list under Subsection (e).
         (f)  In a county in which a public defender's office is
  created or designated [defender is appointed] under Article 26.044,
  the court or the courts' designee may appoint that office [the
  public defender] to represent the defendant in accordance with
  guidelines established for the office [public defender].
         SECTION 2.  Article 26.044, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 26.044.  PUBLIC DEFENDER'S OFFICE [DEFENDER].  (a)  In
  this chapter:
               (1)  "Governmental entity" includes a county, a group
  of counties, a department [branch or agency] of a county, an
  administrative judicial region created by Section 74.042,
  Government Code, and any entity created under the Interlocal
  Cooperation Act as permitted by Chapter 791, Government Code.
               (2)  "Oversight board" means an oversight board
  established in accordance with Article 26.045.
               (3)  "Public defender's office [defender]" means an
  entity that:
                     (A)  is either:
                           (i)  a governmental entity; or
                           (ii)  a nonprofit corporation[:
                     [(A)] operating under a written agreement with a
  governmental entity, other than an individual judge or court; and
                     (B)  uses [using] public funds to provide[; and
                     [(C)  providing] legal representation and
  services to indigent defendants accused of a crime or juvenile
  offense, as those terms are defined by Section 71.001, Government
  Code.
         (b)  The commissioners court of any county, on written
  approval of a judge of a county court, statutory county court, or
  district court trying criminal cases or cases under Title 3, Family
  Code, in the county, may create a department of the county or by
  contract may designate a [appoint a governmental entity or]
  nonprofit corporation to serve as a public defender's office
  [defender]. The commissioners courts of two or more counties may
  enter into a written agreement to jointly create or designate
  [appoint] and fund a regional public defender's office [defender].  
  In creating or designating [appointing] a public defender's office
  [defender] under this subsection, the commissioners court shall
  specify or the commissioners courts shall jointly specify, if
  creating or designating [appointing] a regional public defender's
  office [defender]:
               (1)  the duties of the public defender's office
  [defender];
               (2)  the types of cases to which the public defender's
  office [defender] may be appointed under Article 26.04(f) and the
  courts in which an attorney employed by the public defender's
  office [defender] may be required to appear;
               (3)  if the public defender's office is a nonprofit
  corporation, the term during which the contract designating the
  public defender's office is effective and how that contract may be
  renewed on expiration of the term [whether the public defender is
  appointed to serve a term or serve at the pleasure of the
  commissioners court or the commissioners courts]; and
               (4)  if an oversight board is established for the
  public defender's office, the powers and duties that have been
  delegated to the oversight board [the public defender is appointed
  to serve a term, the term of appointment and the procedures for
  removing the public defender].
         (b-1)  The applicable commissioners court or commissioners
  courts must require a written plan from the governmental entity
  serving as a public defender's office.
         (c)  Before contracting with a nonprofit corporation to
  serve as [appointing] a public defender's office [defender] under
  Subsection (b), the commissioners court or commissioners courts
  shall solicit proposals for the public defender's office
  [defender].
         (c-1)  A written plan under Subsection (b-1) or a proposal
  under Subsection (c) must include:
               (1)  a budget for the public defender's office
  [defender], including salaries;
               (2)  a description of each personnel position,
  including the chief public defender position;
               (3)  the maximum allowable caseloads for each attorney
  employed by the public defender's office [proponent];
               (4)  provisions for personnel training;
               (5)  a description of anticipated overhead costs for
  the public defender's office [defender]; [and]
               (6)  policies regarding the use of licensed
  investigators and expert witnesses by the public defender's office;
  and
               (7)  a policy to ensure that the chief public defender
  and other attorneys employed by the public defender's office do not
  provide representation to a defendant when doing so would create a
  conflict of interest that has not been waived by the client
  [proponent].
         (d)  After considering each proposal for the public
  defender's office [defender] submitted by a [governmental entity
  or] nonprofit corporation under Subsection (c), the commissioners
  court or commissioners courts shall select a proposal that
  reasonably demonstrates that the public defender's office 
  [proponent] will provide adequate quality representation for
  indigent defendants in the county or counties.
         (e)  The total cost of the proposal under Subsection (c) may
  not be the sole consideration in selecting a proposal.
         (f)  A [To be eligible for appointment as a] public
  defender's office [defender, the governmental entity or nonprofit
  corporation] must be directed by a chief public defender who:
               (1)  is a member of the State Bar of Texas;
               (2)  has practiced law for at least three years; and
               (3)  has substantial experience in the practice of
  criminal law.
         (g)  A public defender's office [defender] is entitled to
  receive funds for personnel costs and expenses incurred in
  operating as a public defender's office [defender] in amounts fixed
  by the commissioners court and paid out of the appropriate county
  fund, or jointly fixed by the commissioners courts and
  proportionately paid out of each appropriate county fund if the
  public defender's office [defender] serves more than one county.
         (h)  A public defender's office [defender] may employ
  attorneys, licensed investigators, and other personnel necessary
  to perform the duties of the public defender's office [defender] as
  specified by the commissioners court or commissioners courts under
  Subsection (b)(1).
         (i)  Except as authorized by this article, the chief public
  defender and other attorneys [or an attorney] employed by a public
  defender's office [defender] may not:
               (1)  engage in the private practice of criminal law; or
               (2)  accept anything of value not authorized by this
  article for services rendered under this article.
         (j)  A public defender's office [defender] may not accept
  [refuse] an appointment under Article 26.04(f) if:
               (1)  a conflict of interest exists that has not been
  waived by the client;
               (2)  the public defender's office [defender] has
  insufficient resources to provide adequate representation for the
  defendant;
               (3)  the public defender's office [defender] is
  incapable of providing representation for the defendant in
  accordance with the rules of professional conduct; or
               (4)  the public defender's office [defender] shows
  other good cause for not accepting [refusing] the appointment.
         (k)  The judge may remove from a case a person [public
  defender] who violates a provision of Subsection (i).
         (l)  A public defender's office [defender] may investigate
  the financial condition of any person the public defender's office
  [defender] is appointed to represent. The public defender's office
  [defender] shall report the results of the investigation to the
  appointing judge. The judge may hold a hearing to determine if the
  person is indigent and entitled to representation under this
  article.
         (m)  If it is necessary that an attorney who is not employed
  by [other than] a public defender's office [defender] be appointed,
  the attorney is entitled to the compensation provided by Article
  26.05 of this code.
         SECTION 3.  Chapter 26, Code of Criminal Procedure, is
  amended by adding Article 26.045 to read as follows:
         Art. 26.045.  PUBLIC DEFENDER OVERSIGHT BOARD.  The
  commissioners court of a county or the commissioners courts of two
  or more counties may establish an oversight board to advise and set
  policy for a public defender's office created or designated in
  accordance with this chapter. The commissioners court or courts
  may delegate to the board any power or duty of the commissioners
  court to provide oversight of the office under Article 26.044.
         SECTION 4.  Subsections (a) and (d), Article 26.05, Code of
  Criminal Procedure, are amended to read as follows:
         (a)  A counsel, other than an attorney with a public
  defender's office [defender], appointed to represent a defendant in
  a criminal proceeding, including a habeas corpus hearing, shall be
  paid a reasonable attorney's fee for performing the following
  services, based on the time and labor required, the complexity of
  the case, and the experience and ability of the appointed counsel:
               (1)  time spent in court making an appearance on behalf
  of the defendant as evidenced by a docket entry, time spent in
  trial, and time spent in a proceeding in which sworn oral testimony
  is elicited;
               (2)  reasonable and necessary time spent out of court
  on the case, supported by any documentation that the court
  requires;
               (3)  preparation of an appellate brief and preparation
  and presentation of oral argument to a court of appeals or the Court
  of Criminal Appeals; and
               (4)  preparation of a motion for rehearing.
         (d)  A counsel in a noncapital case, other than an attorney
  with a public defender's office [defender], appointed to represent
  a defendant under this code shall be reimbursed for reasonable and
  necessary expenses, including expenses for investigation and for
  mental health and other experts. Expenses incurred with prior
  court approval shall be reimbursed in the same manner provided for
  capital cases by Articles 26.052(f) and (g), and expenses incurred
  without prior court approval shall be reimbursed in the manner
  provided for capital cases by Article 26.052(h).
         SECTION 5.  Subsection (a), Section 11, Article 42.12, Code
  of Criminal Procedure, is amended to read as follows:
         (a)  The judge of the court having jurisdiction of the case
  shall determine the conditions of community supervision and may, at
  any time, during the period of community supervision alter or
  modify the conditions. The judge may impose any reasonable
  condition that is designed to protect or restore the community,
  protect or restore the victim, or punish, rehabilitate, or reform
  the defendant. Conditions of community supervision may include,
  but shall not be limited to, the conditions that the defendant
  shall:
               (1)  Commit no offense against the laws of this State or
  of any other State or of the United States;
               (2)  Avoid injurious or vicious habits;
               (3)  Avoid persons or places of disreputable or harmful
  character;
               (4)  Report to the supervision officer as directed by
  the judge or supervision officer and obey all rules and regulations
  of the community supervision and corrections department;
               (5)  Permit the supervision officer to visit the
  defendant at the defendant's home or elsewhere;
               (6)  Work faithfully at suitable employment as far as
  possible;
               (7)  Remain within a specified place;
               (8)  Pay the defendant's fine, if one be assessed, and
  all court costs whether a fine be assessed or not, in one or several
  sums;
               (9)  Support the defendant's dependents;
               (10)  Participate, for a time specified by the judge in
  any community-based program, including a community-service work
  program under Section 16 of this article;
               (11)  Reimburse the county in which the prosecution was
  instituted for compensation paid to appointed counsel for defending
  the defendant in the case, if counsel was appointed, or if the
  defendant was represented by a [county-paid] public defender's
  office [defender], in an amount that would have been paid to an
  appointed attorney had the county not had a public defender's
  office [defender];
               (12)  Remain under custodial supervision in a community
  corrections facility, obey all rules and regulations of such
  facility, and pay a percentage of the defendant's income to the
  facility for room and board;
               (13)  Pay a percentage of the defendant's income to the
  defendant's dependents for their support while under custodial
  supervision in a community corrections facility;
               (14)  Submit to testing for alcohol or controlled
  substances;
               (15)  Attend counseling sessions for substance abusers
  or participate in substance abuse treatment services in a program
  or facility approved or licensed by the Texas Commission on Alcohol
  and Drug Abuse;
               (16)  With the consent of the victim of a misdemeanor
  offense or of any offense under Title 7, Penal Code, participate in
  victim-defendant mediation;
               (17)  Submit to electronic monitoring;
               (18)  Reimburse the compensation to victims of crime
  fund for any amounts paid from that fund to or on behalf of a victim,
  as defined by Article 56.32, of the defendant's offense, or if no
  reimbursement is required, make one payment to the compensation to
  victims of crime fund in an amount not to exceed $50 if the offense
  is a misdemeanor or not to exceed $100 if the offense is a felony;
               (19)  Reimburse a law enforcement agency for the
  analysis, storage, or disposal of raw materials, controlled
  substances, chemical precursors, drug paraphernalia, or other
  materials seized in connection with the offense;
               (20)  Pay all or part of the reasonable and necessary
  costs incurred by the victim for psychological counseling made
  necessary by the offense or for counseling and education relating
  to acquired immune deficiency syndrome or human immunodeficiency
  virus made necessary by the offense;
               (21)  Make one payment in an amount not to exceed $50 to
  a crime stoppers organization as defined by Section 414.001,
  Government Code, and as certified by the Crime Stoppers Advisory
  Council;
               (22)  Submit a DNA sample to the Department of Public
  Safety under Subchapter G, Chapter 411, Government Code, for the
  purpose of creating a DNA record of the defendant;
               (23)  In any manner required by the judge, provide
  public notice of the offense for which the defendant was placed on
  community supervision in the county in which the offense was
  committed; and
               (24)  Reimburse the county in which the prosecution was
  instituted for compensation paid to any interpreter in the case.
         SECTION 6.  Section 71.001, Government Code, is amended by
  adding Subdivision (6-a) and amending Subdivision (9) to read as
  follows:
               (6-a)  "Defense council" means the Texas Indigent
  Defense Council established under Subchapter D.
               (9)  "Public defender's office [defender]" has the
  meaning assigned by Article 26.044(a), Code of Criminal Procedure.
         SECTION 7.  Subsections (a), (e), and (f), Section 71.0351,
  Government Code, are amended to read as follows:
         (a)  In each county, not later than November 1 of each
  odd-numbered year and in the form and manner prescribed by the Texas 
  [Task Force on] Indigent Defense Council, the following information
  shall be prepared and provided to the Office of Court
  Administration of the Texas Judicial System:
               (1)  a copy of all formal and informal rules and forms
  that describe the procedures used in the county to provide indigent
  defendants with counsel in accordance with the Code of Criminal
  Procedure, including the schedule of fees required under Article
  26.05 of that code;
               (2)  any revisions to rules or forms previously
  submitted to the office of court administration under this section;
  or
               (3)  verification that rules and forms previously
  submitted to the office of court administration under this section
  still remain in effect.
         (e)  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 Office of Court
  Administration of the Texas Judicial System in the form and manner
  prescribed by the Texas [Task Force on] Indigent Defense Council 
  and on a monthly, quarterly, or annual basis, with respect to legal
  services provided in the county to indigent defendants during each
  fiscal year, information showing the total amount expended by the
  county to provide indigent defense 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 defendant;
               (3)  in cases for which a public defender's office
  [defender] is appointed for an indigent defendant;
               (4)  in cases for which counsel is appointed for an
  indigent juvenile under Section 51.10(f), Family Code; and
               (5)  for investigation expenses, expert witness
  expenses, or other litigation expenses.
         (f)  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 Office of Court
  Administration of the Texas Judicial System under this section and
  under a reporting plan developed by the Texas [Task Force on]
  Indigent Defense Council under Section 71.061(a).
         SECTION 8.  Subchapter D, Chapter 71, Government Code, is
  amended to read as follows:
  SUBCHAPTER D.  TEXAS [TASK FORCE ON] INDIGENT DEFENSE COUNCIL
         Sec. 71.051.  ESTABLISHMENT OF DEFENSE COUNCIL [TASK FORCE];
  COMPOSITION.  The Texas [Task Force on] Indigent Defense Council is
  established as a standing committee of the council and is composed
  of eight ex officio members and five appointive members.
         Sec. 71.052.  EX OFFICIO MEMBERS.  The ex officio members
  are:
               (1)  the following six members of the council:
                     (A)  the chief justice of the supreme court;
                     (B)  the presiding judge of the court of criminal
  appeals;
                     (C)  one of the members of the senate serving on
  the council who is designated by the lieutenant governor to serve on
  the Texas [Task Force on] Indigent Defense Council;
                     (D)  the member of the house of representatives
  appointed by the speaker of the house;
                     (E)  one of the courts of appeals justices serving
  on the council who is designated by the governor to serve on the
  Texas [Task Force on] Indigent Defense Council; and
                     (F)  one of the county court or statutory county
  court judges serving on the council who is designated by the
  governor to serve on the Texas [Task Force on] Indigent Defense
  Council or, if a county court or statutory county court judge is not
  serving on the council, one of the statutory probate court judges
  serving on the council who is designated by the governor to serve on
  the defense council [task force];
               (2)  one other member of the senate appointed by the
  lieutenant governor; and
               (3)  the chair of the House Criminal Jurisprudence
  Committee.
         Sec. 71.053.  APPOINTMENTS. (a)  The governor shall appoint
  with the advice and consent of the senate five members of the Texas
  [Task Force on] Indigent Defense Council as follows:
               (1)  one member who is a district judge serving as a
  presiding judge of an administrative judicial region;
               (2)  one member who is a judge of a constitutional
  county court or who is a county commissioner;
               (3)  one member who is a practicing criminal defense
  attorney;
               (4)  one member who is a chief public defender or who is
  an attorney employed by a public defender's office [defender]; and
               (5)  one member who is a judge of a constitutional
  county court or who is a county commissioner of a county with a
  population of 250,000 or more.
         (b)  The members serve staggered terms of two years, with two
  members' terms expiring February 1 of each odd-numbered year and
  three members' terms expiring February 1 of each even-numbered
  year.
         (c)  In making appointments to the Texas [Task Force on]
  Indigent Defense Council, the governor shall attempt to reflect the
  geographic and demographic diversity of the state.
         (d)  A person may not be appointed to the Texas [Task Force
  on] Indigent Defense Council if the person is required to register
  as a lobbyist under Chapter 305 because of the person's activities
  for compensation on behalf of a profession related to the operation
  of the defense council [task force] or the council.
         Sec. 71.054.  VACANCIES.  A vacancy on the Texas [Task Force
  on] Indigent Defense Council must be filled for the unexpired term
  in the same manner as the original appointment. An appointment to
  fill a vacancy shall be made not later than the 90th day after the
  date the vacancy occurs.
         Sec. 71.055.  MEETINGS; QUORUM; VOTING.  (a)  The Texas
  [Task Force on] Indigent Defense Council shall meet at least four
  times each year and at such other times as it deems necessary or
  convenient to perform its duties.
         (b)  Six members of the Texas [Task Force on] Indigent
  Defense Council constitute a quorum for purposes of transacting
  defense council [task force] business. The defense council [task
  force] may act only on the concurrence of five defense council [task
  force] members or a majority of the defense council [task force]
  members present, whichever number is greater. The defense council
  [task force] may develop policies and standards under Section
  71.060 only on the concurrence of seven defense council [task
  force] members.
         (c)  A Texas [Task Force on] Indigent Defense Council member
  is entitled to vote on any matter before the defense council [task
  force], except as otherwise provided by rules adopted by the
  defense council [task force] and ratified by the council.
         Sec. 71.056.  COMPENSATION.  A Texas [Task Force on]
  Indigent Defense Council member may not receive compensation for
  services on the defense council [task force] but is entitled to be
  reimbursed for actual and necessary expenses incurred in
  discharging the member's duties as a defense council [task force]
  member. The expenses are paid from funds appropriated to the
  defense council [task force].
         Sec. 71.057.  BUDGET.  (a)  The Texas [Task Force on]
  Indigent Defense Council budget shall be a part of the budget for
  the council. In preparing a budget and presenting the budget to the
  legislature, the defense council [task force] shall consult with
  the executive director of the Office of Court Administration of the
  Texas Judicial System.
         (b)  The Texas [Task Force on] Indigent Defense Council 
  budget may include funds for personnel who are employees of the
  council but who are assigned to assist the defense council [task
  force] in performing its duties.
         (c)  The executive director of the Office of Court
  Administration of the Texas Judicial System may not reduce or
  modify the Texas [Task Force on] Indigent Defense Council budget or
  use funds appropriated to the defense council [task force] without
  the approval of the defense council [task force].
         Sec. 71.058.  FAIR DEFENSE ACCOUNT.  The fair defense
  account is an account in the general revenue fund that may be
  appropriated only to the Texas [Task Force on] Indigent Defense
  Council for the purpose of implementing this subchapter.
         Sec. 71.059.  ACCEPTANCE OF GIFTS, GRANTS, AND OTHER FUNDS;
  STATE GRANTS TEAM.  (a)  The Texas [Task Force on] Indigent Defense
  Council may accept gifts, grants, and other funds from any public or
  private source to pay expenses incurred in performing its duties
  under this subchapter.
         (b)  The State Grants Team of the Governor's Office of
  Budget, Planning, and Policy may assist the Texas [Task Force on]
  Indigent Defense Council in identifying grants and other resources
  available for use by the defense council [task force] in performing
  its duties under this subchapter.
         Sec. 71.060.  POLICIES AND STANDARDS.  (a)  The Texas [Task
  Force on] Indigent Defense Council shall develop policies and
  standards for providing legal representation and other defense
  services to indigent defendants at trial, on appeal, and in
  postconviction proceedings.  The policies and standards may
  include:
               (1)  performance standards for counsel appointed to
  represent indigent defendants;
               (2)  qualification standards under which attorneys may
  qualify for appointment to represent indigent defendants,
  including:
                     (A)  qualifications commensurate with the
  seriousness of the nature of the proceeding;
                     (B)  qualifications appropriate for
  representation of mentally ill defendants and noncitizen
  defendants;
                     (C)  successful completion of relevant continuing
  legal education programs approved by the council; and
                     (D)  testing and certification standards;
               (3)  standards for ensuring appropriate appointed
  caseloads for counsel appointed to represent indigent defendants;
               (4)  standards for determining whether a person accused
  of a crime or juvenile offense 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 [defender] consistent
  with recognized national policies and standards;
               (7)  standards for providing indigent defense services
  under a contract defender program consistent with recognized
  national policies and standards;
               (8)  standards governing the reasonable compensation
  of counsel appointed to represent indigent defendants;
               (9)  standards governing the availability and
  reasonable compensation of providers of indigent defense support
  services for counsel appointed to represent indigent defendants;
               (10)  standards governing the operation of a legal
  clinic or program that provides legal services to indigent
  defendants and is sponsored by a law school approved by the supreme
  court;
               (11)  policies and standards governing the appointment
  of attorneys to represent children in proceedings under Title 3,
  Family Code; and
               (12)  other policies and standards for providing
  indigent defense services as determined by the defense council
  [task force] to be appropriate.
         (b)  The Texas [Task Force on] Indigent Defense Council shall
  submit policies and standards developed under Subsection (a) to the
  council for ratification.
         (c)  Any qualification standards adopted by the Texas [Task
  Force on] Indigent Defense Council under Subsection (a) that relate
  to the appointment of counsel in a death penalty case must be
  consistent with the standards specified under Article 26.052(d),
  Code of Criminal Procedure. An attorney who is identified by the
  defense council [task force] as not satisfying performance or
  qualification standards adopted by the defense council [task force]
  under Subsection (a) may not accept an appointment in a capital
  case.
         Sec. 71.061.  COUNTY REPORTING PLAN; DEFENSE COUNCIL [TASK
  FORCE] REPORTS.  (a)  The Texas [Task Force on] Indigent Defense
  Council shall develop a plan that establishes statewide
  requirements for counties relating to reporting indigent defense
  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 defense council [task force] shall use the
  information reported by a county to monitor the effectiveness of
  the county's indigent defense policies, standards, and procedures
  and to ensure compliance by the county with the requirements of
  state law relating to indigent defense. The defense council [task
  force] may revise the plan as necessary to improve monitoring of
  indigent defense policies, standards, and procedures in this state.
         (b)  The Texas [Task Force on] Indigent Defense Council 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 the information submitted under
  Section 71.0351; and
               (2)  regarding:
                     (A)  the quality of legal representation provided
  by counsel appointed to represent indigent defendants;
                     (B)  current indigent defense practices in the
  state as compared to state and national standards;
                     (C)  efforts made by the defense council [task
  force] to improve indigent defense practices in the state; and
                     (D)  recommendations made by the defense council
  [task force] for improving indigent defense practices in the state.
         (c)  The Texas [Task Force on] Indigent Defense Council shall
  annually submit to the Legislative Budget Board and council and
  shall publish in written and electronic form a detailed report of
  all expenditures made under this subchapter, including
  distributions under Section 71.062.
         (d)  The Texas [Task Force on] Indigent Defense Council may
  issue other reports relating to indigent defense as determined to
  be appropriate by the defense council [task force].
         Sec. 71.062.  TECHNICAL SUPPORT; GRANTS.  (a)  The Texas
  [Task Force on] Indigent Defense Council shall:
               (1)  provide technical support to:
                     (A)  assist counties in improving their indigent
  defense systems; and
                     (B)  promote compliance by counties with the
  requirements of state law relating to indigent defense;
               (2)  direct the comptroller to distribute funds,
  including grants, to counties to provide indigent defense services
  in the county; and
               (3)  monitor each county that receives a grant and
  enforce compliance by the county with the conditions of the grant,
  including enforcement by directing the comptroller to:
                     (A)  withdraw grant funds; or
                     (B)  require reimbursement of grant funds by the
  county.
         (b)  The Texas [Task Force on] Indigent Defense Council shall
  direct the comptroller to distribute funds as required by
  Subsection (a)(2) based on a county's compliance with standards
  developed by the defense council [task force] and the county's
  demonstrated commitment to compliance with the requirements of
  state law relating to indigent defense.
         (c)  The Texas [Task Force on] Indigent Defense Council shall
  develop policies to ensure that funds under Subsection (a)(2) are
  allocated and distributed to counties in a fair manner.
         (d)  A county may not reduce the amount of funds provided for
  indigent defense services in the county because of funds provided
  by the Texas [Task Force on] Indigent Defense Council under this
  section.
         Sec. 71.063.  IMMUNITY FROM LIABILITY.  The Texas [Task
  Force on] Indigent Defense Council or a member of the defense
  council [task force] performing duties on behalf of the defense
  council [task force] is not liable for damages arising from an act
  or omission within the scope of the duties of the defense council
  [task force].
         SECTION 9.  This Act takes effect September 1, 2009.