2005 Texas Government Code CHAPTER 71. TEXAS JUDICIAL COUNCIL

GOVERNMENT CODE

SUBTITLE F. COURT ADMINISTRATION

CHAPTER 71. TEXAS JUDICIAL COUNCIL

SUBCHAPTER A. GENERAL PROVISIONS


	§ 71.001. DEFINITIONS.  In this chapter:                                    
		(1)  "Ad hoc assigned counsel program" means a system 
under which private attorneys, acting as independent contractors 
and compensated with public funds, are individually appointed to 
provide legal representation and services to a particular indigent 
defendant accused of a crime or juvenile offense.
		(2)  "Chair" means the chair of the council.                                  
		(3)  "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 group of unspecified indigent 
defendants who appear before a particular court or group of courts.
		(4)  "Council" means the Texas Judicial Council.                              
		(5)  "Crime" means:                                                           
			(A)  a misdemeanor punishable by confinement;  or                            
			(B)  a felony.                                                               
		(6)  "Defendant" means a person accused of a crime or a 
juvenile offense.   
		(7)  "Indigent defense support services" means 
criminal defense services that:
			(A)  are provided by licensed investigators, 
experts, or other similar specialists, including forensic experts 
and mental health experts;  and
			(B)  are reasonable and necessary for appointed 
counsel to provide adequate representation to indigent defendants.
		(8)  "Juvenile offense" means conduct committed by a 
person while younger than 17 years of age that constitutes:
			(A)  a misdemeanor punishable by confinement;  or                            
			(B)  a felony.                                                               
		(9)  "Public defender" has the meaning assigned by 
Article 26.044(a), Code of Criminal Procedure.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1997, 75th Leg., ch. 1408, § 1, eff. Sept. 1, 1997;  Acts 
2001, 77th Leg., ch. 906, § 12, eff. Jan. 1, 2002.

SUBCHAPTER B. ADMINISTRATIVE PROVISIONS


	§ 71.011. NUMBER AND CLASSES OF MEMBERS.  The Texas 
Judicial Council is an agency of the state composed of 16 ex officio 
and six appointive members.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1997, 75th Leg., ch. 1408, § 2, eff. Sept. 1, 1997.


	§ 71.012. EX OFFICIO MEMBERS.  The ex officio members 
are:                
		(1)  the chief justice of the supreme court;                                  
		(2)  the presiding judge of the court of criminal 
appeals;                  
		(3)  two members of the senate, appointed by the 
lieutenant governor;       
		(4)  the chair of the House Judicial Affairs Committee;                       
		(5)  one member of the house of representatives, 
appointed by the speaker of the house;
		(6)  two justices of the courts of appeals designated 
by the chief justice of the supreme court;
		(7)  two district judges designated by the chief 
justice of the supreme court;
		(8)  two judges of county courts, statutory county, or 
statutory probate courts designated by the chief justice of the 
supreme court;
		(9)  two justices of the peace designated by the chief 
justice of the supreme court;  and
		(10)  two municipal court judges designated by the 
chief justice of the supreme court.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1989, 71st Leg., ch. 2, § 8.44(13), eff. Aug. 28, 1989;  
Acts 1997, 75th Leg., ch. 1408, § 3, eff. Sept. 1, 1997;  Acts 
2003, 78th Leg., ch. 1328, § 2, eff. June 21, 2003.


	§ 71.013. TERMS OF EX OFFICIO MEMBERS;  DELEGATION OF 
FUNCTIONS.  (a) The chief justice of the supreme court and the 
presiding judge of the court of criminal appeals are members of the 
council as long as they hold those offices.
	(b)  Except as provided by Subsection (a), all members of the 
judiciary appointed to the council serve staggered terms of four 
years with the term of one member from each judicial group expiring 
on February 1 of each odd-numbered year.
	(c)  A legislative member whose membership in the 
legislature ceases continues as a member of the council at the 
pleasure of the appointing authority.
	(d)  A vacancy in a judicial membership must be filled for 
the unexpired term in the same manner as the original appointment.
	(e)  A judicial or legislative member of the council serves 
until his successor is chosen and has qualified.
	(f)  The chief justice of the supreme court and the presiding 
judge of the court of criminal appeals may each designate a member 
of his court to act in his stead under this chapter.  The designated 
person serves at the will of the official who chose him for service.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1989, 71st Leg., ch. 2, § 8.44(14), eff. Aug. 28, 1989;  
Acts 1997, 75th Leg., ch. 1408, § 4, eff. Sept. 1, 1997.


	§ 71.014. CITIZEN MEMBERS.  (a) The governor shall 
appoint the six citizen members on the council.
	(b)  A citizen member must be a resident citizen of the 
state.  Three of the six citizen members must be members of the 
State Bar of Texas and two must be persons who are not licensed to 
practice law.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1997, 75th Leg., ch. 1408, § 5, eff. Sept. 1, 1997.


	§ 71.015. TERMS OF CITIZEN MEMBERS.  (a) Citizen members 
serve for staggered terms of six years with two members' terms 
expiring on June 30 of each odd-numbered year.
	(b)  A vacancy in citizen membership is filled for the 
unexpired term by appointment by the governor.
	(c)  A citizen member serves on the council until his 
successor is appointed and has qualified.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1997, 75th Leg., ch. 1408, § 6, eff. Sept. 1, 1997.


	§ 71.016. MEETINGS.  (a) The council shall meet at least 
once in each calendar year and may meet at other times as ordered by 
the council or under its authority.
	(b)  The council may meet at a place and time designated by it 
or under its authority.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.                    


	§ 71.017. QUORUM.  Eleven members of the council 
constitute a quorum.     

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1997, 75th Leg., ch. 1408, § 7, eff. Sept. 1, 1997.


	§ 71.018. OFFICERS;  COMMITTEES.  (a) The chief justice 
of the supreme court shall serve as chair and the presiding judge of 
the court of criminal appeals shall serve as vice chair of the 
council.  Other officers of the council shall be elected by the 
council.
	(b)  The council may prescribe the duties of an officer of 
the council.      
	(c)  The council may appoint committees from its membership.  
It may prescribe the duties of and delegate powers under this 
chapter to a committee except as otherwise limited by this chapter.
	(d)  The chair may appoint committees for two-year terms that 
he considers necessary for the organization of the council.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1997, 75th Leg., ch. 1408, § 8, eff. Sept. 1, 1997.


	§ 71.019. RULES.  The council may adopt rules expedient 
for the administration of its functions.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.                    


	§ 71.020. EXPENSES.  (a) A member of the council may not 
receive compensation for service on the council.
	(b)  A member is entitled to reimbursement for actual and 
necessary expenses incurred in performing the duties of the council 
and approved for payment as provided by this section.
	(c)  The council, its officers, and its committees are 
entitled to reimbursement for the actual and necessary clerical 
expenses incurred in performing functions under this chapter and 
approved for payment as provided by this section.
	(d)  Before any expenses incurred by the council, its members 
or officers, or its committees may be paid, the chair of the council 
or the vice chair, if authorized by the chair in writing to do so, 
must approve a verified and itemized account of the expenses.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1997, 75th Leg., ch. 1408, § 9, eff. Sept. 1, 1997.

SUBCHAPTER C. POWERS AND DUTIES


	§ 71.031. CONTINUOUS STUDY.  The council continuously 
shall study the organization, rules, procedures and practice, work 
accomplished, results, and uniformity of the discretionary powers 
of the state courts and methods for their improvement.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.                    


	§ 71.032. RECEIPT OF ADVICE ON REMEDIES.  The council 
shall receive and consider advice from judges, public officials, 
members of the bar, and citizens concerning remedies for faults in 
the administration of justice.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.                    


	§ 71.033. METHODS FOR IMPROVEMENT.  The council shall 
design methods for simplifying judicial procedure, expediting the 
transaction of judicial business, and correcting faults in or 
improving the administration of justice.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.                    


	§ 71.034. REPORTS;  INVESTIGATIONS.  (a) The council 
shall file a complete detailed report with the governor and the 
supreme court before December 2 of each year on council activities, 
information from the council's study, and council recommendations.
	(b)  The council may file a supplemental report on council 
activities, findings, or recommendations at a time it considers 
advisable.
	(c)  The council shall investigate and report on a matter 
concerning the administration of justice that the supreme court or 
the legislature refers to the council.
	(d)  The yearly or supplemental reports of the council are 
public information and may be given to the press when filed.
	(e)  In addition to the information described by Subsection 
(a), the council shall include in the report a summary of 
information provided to the council during the preceding year under 
Article 2.211, Code of Criminal Procedure.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 2001, 77th Leg., ch. 85, § 4.02, eff. Sept. 1, 2001.


	§ 71.035. STATISTICS;  ENFORCEMENT BY MANDAMUS.  (a) The 
council shall gather judicial statistics and other pertinent 
information from the several state judges and other court officials 
of this state.  In addition, the council shall implement a monthly 
tracking system to ensure accountability for counties and courts 
which participate in the statewide integrated system for child 
support and medical support enforcement established under Section 
231.0011, Family Code.  As a duty of office, the district clerks and 
county clerks serving the affected courts shall report monthly such 
information as may be required by the council, including, at a 
minimum, the time required to enforce cases from date of 
delinquency, from date of filing, and from date of service until 
date of disposition.  Such information as is necessary to complete 
the report and not directly within the control of the district or 
county clerk, such as date of delinquency, shall be provided to the 
clerk by the child support registry or by the enforcement agency 
providing Title IV-D enforcement services in the court.  The 
monthly report shall be transmitted to the Office of Court 
Administration of the Texas Judicial System no later than the 20th 
day of the month following the month reported, in such form as may 
be prescribed by the Office of Court Administration, which may 
include electronic data transfer.  Copies of such reports shall be 
maintained in the office of the appropriate district or county 
clerk for a period of at least two years and shall be available to 
the public for inspection and reproduction.
	(b)  The council may require a state justice, judge, clerk, 
or other court official, as an official duty, to comply with 
reasonable requirements for supplying statistics pertaining to the 
amount and character of the civil and criminal business transacted 
by the court or other information on the conduct, operation, or 
business of his court or the office of the clerk of his court that is 
within the scope of the functions of the council.  If the official 
does not supply the information within a reasonable time after the 
request, he is presumed to have wilfully refused the request.  The 
council shall prescribe procedures, definitions of terms, and forms 
for supplying the statistics and other information.
	(c)  The duty provided by this section to supply information 
may be enforced by writ of mandamus in:
		(1)  the district court of the county of residence of 
the respondent if the petition for mandamus is filed against a 
district clerk or a clerk, judge, or other official of a trial court 
other than a district court;
		(2)  the court of appeals for the court of appeals 
district in which the respondent resides if the petition for 
mandamus is filed against a district judge or a clerk of a court of 
appeals;  or
		(3)  the supreme court in any other case.                                     
	(d)  Except as provided by this subsection, the attorney 
general shall file and prosecute an action for mandamus on behalf of 
the council if requested to do so in writing by the council.  To be 
valid, the written request must be signed by the chair or by at 
least 11 members of the council.  The attorney general may refuse to 
file an action if he certifies in writing that the action is without 
merit.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1987, 70th Leg., ch. 148, § 1.63, eff. Sept. 1, 1987;  
Acts 1995, 74th Leg., ch. 341, § 2.05, eff. Sept. 1, 1995;  Acts 
1997, 75th Leg., ch. 79, § 1, eff. Sept. 1, 1997;  Acts 1997, 75th 
Leg., ch. 1408, § 10, eff. Sept. 1, 1997.


	§ 71.0351. INDIGENT DEFENSE INFORMATION.  (a) In each 
county, not later than November 1 of each odd-numbered year and in 
the form and manner prescribed by the Task Force on Indigent 
Defense, 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.
	(b)  Except as provided by Subsection (c):                                     
		(1)  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 district courts trying felony 
cases in the county;  and
		(2)  the local administrative statutory county court 
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 courts and 
statutory county courts trying misdemeanor cases in the county.
	(c)  If the judges of two or more levels of courts described 
by Subsection (b) adopt the same formal and informal rules and 
forms, the local administrative judge serving the courts having 
jurisdiction over offenses with the highest classification of 
punishment, or the person designated by the judge, shall perform 
the action required by Subsection (a).
	(d)  The chair of the juvenile board in each county, or the 
person designated by the chair, shall perform the action required 
by Subsection (a) with respect to all rules and forms adopted by the 
juvenile board.
	(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 Task Force on Indigent Defense 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 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 Task Force on Indigent 
Defense under Section 71.061(a).

Added by Acts 2001, 77th Leg., ch. 906, § 13, eff. Jan. 1, 2002. 
Amended by Acts 2005, 79th Leg., ch. 965, § 1, eff. Sept. 1, 
2005.


	§ 71.0352. JUVENILE DATE:  JUSTICE, MUNICIPAL, AND 
JUVENILE COURTS.  As a component of the official monthly report 
submitted to the Office of Court Administration of the Texas 
Judicial System:
		(1)  justice and municipal courts shall report the 
number of cases filed for the following offenses:
			(A)  failure to attend school under Section 
25.094, Education Code;        
			(B)  parent contributing to nonattendance under 
Section 25.093, Education Code;  and
			(C)  violation of a local daytime curfew ordinance 
adopted under Section 341.905 or 351.903, Local Government Code;  
and
		(2)  in cases in which a child fails to obey an order of 
a justice or municipal court under circumstances that would 
constitute contempt of court, the justice or municipal court shall 
report the number of incidents in which the child is:
			(A)  referred to the appropriate juvenile court 
for delinquent conduct as provided by Article 45.050(c)(1), Code of 
Criminal Procedure, and Section 51.03(a)(2), Family Code;  or
			(B)  held in contempt, fined, or denied driving 
privileges as provided by Article 45.050(c)(2), Code of Criminal 
Procedure.

Added by Acts 2003, 78th Leg., ch. 283, § 43, eff. Sept. 1, 2003.          


	§ 71.036. PUBLIC HEARINGS.  (a) The council may appoint a 
committee of at least three members to hold a public hearing.
	(b)  The committee may:                                                        
		(1)  order the production of books or other documents;                        
		(2)  require a report from a state court, including a 
court that is not a court of record;
		(3)  administer oaths;  or                                                    
		(4)  take testimony.                                                          
	(c)  An officer of the council, either prior to or while 
sitting at a hearing, or a member of the council sitting at a 
hearing may issue a subpoena or similar order to a prospective 
witness under his official signature.
	(d)  The subpoena or similar order may be served by 
registered or certified mail or by an adult person.
	(e)  If a witness fails to comply with a subpoena or similar 
order issued as provided by this section, the council or its 
committee holding the hearing may request in writing that a 
district judge of the county of residence of the witness enforce its 
subpoena or similar order.  When requested to enforce a subpoena or 
order as provided by this section, the district judge shall order 
compliance with the council's order by the same means that the judge 
may compel the appearance and testimony of witnesses in a trial in 
his own court.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.                    

SUBCHAPTER D. TASK FORCE ON INDIGENT DEFENSE


	§ 71.051. ESTABLISHMENT OF TASK FORCE;  COMPOSITION.  The 
Task Force on Indigent Defense is established as a standing 
committee of the council and is composed of eight ex officio members 
and five appointive members.

Added by Acts 2001, 77th Leg., ch. 906, § 14, eff. Jan. 1, 2002.           


	§ 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 Task Force on Indigent Defense;
			(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 
Task Force on Indigent Defense;  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 Task Force on Indigent Defense 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 task 
force;
		(2)  one other member of the senate appointed by the 
lieutenant governor;  and
		(3)  the chair of the House Criminal Jurisprudence 
Committee.               

Added by Acts 2001, 77th Leg., ch. 906, § 14, eff. Jan. 1, 2002.  
Amended by Acts 2003, 78th Leg., ch. 1328, § 3, eff. June 21, 
2003.


	§ 71.053. APPOINTMENTS.  (a) The governor shall appoint 
with the advice and consent of the senate five members of the Task 
Force on Indigent Defense 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 public defender or who is 
employed by a public 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 Task Force on Indigent 
Defense, the governor shall attempt to reflect the geographic and 
demographic diversity of the state.
	(d)  A person may not be appointed to the Task Force on 
Indigent Defense 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 task force or the council.

Added by Acts 2001, 77th Leg., ch. 906, § 14, eff. Jan. 1, 2002. 
Amended by Acts 2005, 79th Leg., ch. 965, § 2, eff. Sept. 1, 
2005.


	§ 71.054. VACANCIES.  A vacancy on the Task Force on 
Indigent Defense 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.

Added by Acts 2001, 77th Leg., ch. 906, § 14, eff. Jan. 1, 2002.           


	§ 71.055. MEETINGS;  QUORUM;  VOTING.  (a) The Task Force 
on Indigent Defense shall meet at least quarterly and at such other 
times as it deems necessary or convenient to perform its duties.
	(b)  Six members of the Task Force on Indigent Defense 
constitute a quorum for purposes of transacting task force 
business.  The task force may act only on the concurrence of five 
task force members or a majority of the task force members present, 
whichever number is greater.  The task force may develop policies 
and standards under Section 71.060 only on the concurrence of seven 
task force members.
	(c)  A Task Force on Indigent Defense member is entitled to 
vote on any matter before the task force, except as otherwise 
provided by rules adopted by the task force and ratified by the 
council.

Added by Acts 2001, 77th Leg., ch. 906, § 14, eff. Jan. 1, 2002.           


	§ 71.056. COMPENSATION.  A Task Force on Indigent Defense 
member may not receive compensation for services on the task force 
but is entitled to be reimbursed for actual and necessary expenses 
incurred in discharging the member's duties as a task force member.  
The expenses are paid from funds appropriated to the task force.

Added by Acts 2001, 77th Leg., ch. 906, § 14, eff. Jan. 1, 2002.           


	§ 71.057. BUDGET.  (a) The Task Force on Indigent Defense 
budget shall be a part of the budget for the council.  In preparing a 
budget and presenting the budget to the legislature, the task force 
shall consult with the executive director of the Office of Court 
Administration of the Texas Judicial System.
	(b)  The Task Force on Indigent Defense budget may include 
funds for personnel who are employees of the council but who are 
assigned to assist the 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 Task Force on Indigent Defense budget or use funds 
appropriated to the task force without the approval of the task 
force.

Added by Acts 2001, 77th Leg., ch. 906, § 14, eff. Jan. 1, 2002.           


	§ 71.058. FAIR DEFENSE ACCOUNT.  The fair defense account 
is an account in the general revenue fund that may be appropriated 
only to the Task Force on Indigent Defense for the purpose of 
implementing this subchapter.

Added by Acts 2001, 77th Leg., ch. 906, § 14, eff. Jan. 1, 2002.           


	§ 71.059. ACCEPTANCE OF GIFTS, GRANTS, AND OTHER FUNDS;  
STATE GRANTS TEAM.  (a) The Task Force on Indigent Defense 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 Task Force on Indigent 
Defense in identifying grants and other resources available for use 
by the task force in performing its duties under this subchapter.

Added by Acts 2001, 77th Leg., ch. 906, § 14, eff. Jan. 1, 2002. 
Amended by Acts 2005, 79th Leg., ch. 965, § 3, eff. Sept. 1, 
2005.


	§ 71.060. POLICIES AND STANDARDS.  (a) The Task Force on 
Indigent Defense 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 ad hoc assigned counsel program;
		(6)  policies and standards governing the organization 
and operation of a public 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 task force to be 
appropriate.
	(b)  The Task Force on Indigent Defense shall submit policies 
and standards developed under Subsection (a) to the council for 
ratification.
	(c)  Any qualification standards adopted by the Task Force on 
Indigent Defense 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 task force 
as not satisfying performance or qualification standards adopted by 
the task force under Subsection (a) may not accept an appointment in 
a capital case.

Added by Acts 2001, 77th Leg., ch. 906, § 14, eff. Jan. 1, 2002.           


	§ 71.061. COUNTY REPORTING PLAN;  TASK FORCE 
REPORTS.  (a) The Task Force on Indigent Defense 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 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 task force may revise 
the plan as necessary to improve monitoring of indigent defense 
policies, standards, and procedures in this state.
	(b)  The Task Force on Indigent Defense 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 task force to improve 
indigent defense practices in the state;  and
			(D)  recommendations made by the task force for 
improving indigent defense practices in the state.
	(c)  The Task Force on Indigent Defense 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 Task Force on Indigent Defense may issue other 
reports relating to indigent defense as determined to be 
appropriate by the task force.

Added by Acts 2001, 77th Leg., ch. 906, § 14, eff. Jan. 1, 2002. 
Amended by Acts 2005, 79th Leg., ch. 965, § 4, eff. Sept. 1, 
2005.


	§ 71.062. TECHNICAL SUPPORT;  GRANTS.  (a) The Task Force 
on Indigent Defense 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 Task Force on Indigent Defense shall direct the 
comptroller to distribute funds as required by Subsection (a)(2) 
based on a county's compliance with standards developed by the task 
force and the county's demonstrated commitment to compliance with 
the requirements of state law relating to indigent defense.
	(c)  The Task Force on Indigent Defense 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 Task Force on Indigent Defense under this section.

Added by Acts 2001, 77th Leg., ch. 906, § 14, eff. Jan. 1, 2002.           


	§ 71.063. IMMUNITY FROM LIABILITY.  The Task Force on 
Indigent Defense or a member of the task force performing duties on 
behalf of the task force is not liable for damages arising from an 
act or omission within the scope of the duties of the task force.

Added by Acts 2001, 77th Leg., ch. 906, § 14, eff. Jan. 1, 2002.