reglab/housing_qa huggingface dataset:
TX Govt Code § 78.054 (2021)
2021 Texas Statutes|Government Code|Title 2 - Judicial Branch|Subtitle F - Court Administration|Chapter 78 - Capital and Forensic Writs Committee and Office of Capital and Forensic Writs|Subchapter B. Office of Capital and Forensic Writs|Section 78.054. Powers and Duties

Sec. 78.054.  POWERS AND DUTIES.  (a)  The office may not accept an appointment under Article 11.071, Code of Criminal Procedure, if:(1)  a conflict of interest exists;(2)  the office has insufficient resources to provide adequate representation for the defendant;(3)  the office is incapable of providing representation for the defendant in accordance with the rules of professional conduct; or(4)  other good cause is shown for not accepting the appointment.(b)  The office may not represent a defendant in a federal habeas review.  The office may not represent a defendant in an action or proceeding in state court other than an action or proceeding that:(1)  is conducted under Article 11.071, Code of Criminal Procedure;(2)  is collateral to the preparation of an application under Article 11.071, Code of Criminal Procedure;(3)  concerns any other post-conviction matter in a death penalty case other than a direct appeal, including an action or proceeding under Article 46.05 or Chapter 64, Code of Criminal Procedure; or(4)  is conducted under Article 11.073, Code of Criminal Procedure, or is collateral to the preparation of an application under Article 11.073, Code of Criminal Procedure, if the case was referred in writing to the office by the Texas Forensic Science Commission under Section 4(h), Article 38.01, Code of Criminal Procedure.(c)  Notwithstanding Article 26.04(p), Code of Criminal Procedure, the office may independently investigate the financial condition of any person the office is appointed to represent.  The office 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 section.(d)  The office may consult with law school clinics with applicable knowledge and experience and with other experts as necessary to investigate the facts of a particular case.|Added by Acts 2009, 81st Leg., R.S., Ch. 781 (S.B. 1091), Sec. 1, eff. September 1, 2009.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1215 (S.B. 1743), Sec. 20, eff. September 1, 2015.|
TX Govt Code § 78.055 (2021)
2021 Texas Statutes|Government Code|Title 2 - Judicial Branch|Subtitle F - Court Administration|Chapter 78 - Capital and Forensic Writs Committee and Office of Capital and Forensic Writs|Subchapter B. Office of Capital and Forensic Writs|Section 78.055. Compensation of Other Appointed Attorneys

Sec. 78.055.  COMPENSATION OF OTHER APPOINTED ATTORNEYS.  If it is necessary that an attorney other than an attorney employed by the office be appointed, that attorney shall be compensated as provided by Articles 11.071 and 26.05, Code of Criminal Procedure.|Added by Acts 2009, 81st Leg., R.S., Ch. 781 (S.B. 1091), Sec. 1, eff. September 1, 2009.|
TX Govt Code § 78.056 (2021)
2021 Texas Statutes|Government Code|Title 2 - Judicial Branch|Subtitle F - Court Administration|Chapter 78 - Capital and Forensic Writs Committee and Office of Capital and Forensic Writs|Subchapter B. Office of Capital and Forensic Writs|Section 78.056. Appointment List

Sec. 78.056.  APPOINTMENT LIST.  (a)  The presiding judges of the administrative judicial regions shall maintain a statewide list of competent counsel available for appointment under Section 2(f), Article 11.071, Code of Criminal Procedure, if the office does not accept or is prohibited from accepting an appointment under Section 78.054.  Each attorney on the list:(1)  must exhibit proficiency and commitment to providing quality representation to defendants in death penalty cases; and(2)  may not have been found by a state or federal court to have rendered ineffective assistance of counsel during the trial or appeal of a death penalty case.(b)  The Office of Court Administration of the Texas Judicial System and the Texas Indigent Defense Commission shall provide administrative support necessary under this section.|Added by Acts 2009, 81st Leg., R.S., Ch. 781 (S.B. 1091), Sec. 1, eff. September 1, 2009.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 984 (H.B. 1754), Sec. 4, eff. September 1, 2011.|
TX Govt Code § 79.001 (2021)
2021 Texas Statutes|Government Code|Title 2 - Judicial Branch|Subtitle F - Court Administration|Chapter 79 - Texas Indigent Defense Commission|Subchapter A. General Provisions|Section 79.001. Definitions

Sec. 79.001.  DEFINITIONS.  In this chapter:(1)  "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)  "Board" means the governing board of the Texas Indigent Defense Commission.(3)  "Commission" means the permanent standing committee of the council known as the Texas Indigent Defense Commission.(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 group of unspecified indigent defendants who appear before a particular court or group of courts.(5)  "Council" means the Texas Judicial Council.(6)  "Crime" means:(A)  a misdemeanor punishable by confinement; or(B)  a felony.(7)  "Defendant" means a person accused of a crime or a juvenile offense.(8)  "Executive director" means the executive director of the Texas Indigent Defense Commission.(9)  "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.(10)  "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.(11)  "Managed assigned counsel program" has the meaning assigned by Article 26.047, Code of Criminal Procedure.(12)  "Office of capital and forensic writs" means the office of capital and forensic writs established under Subchapter B, Chapter 78.(13)  "Public defender's office" has the meaning assigned by Article 26.044(a), Code of Criminal Procedure.|Added by Acts 2011, 82nd Leg., R.S., Ch. 984 (H.B. 1754), Sec. 1, eff. September 1, 2011.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1215 (S.B. 1743), Sec. 21, eff. September 1, 2015.|
TX Govt Code § 79.002 (2021)
2021 Texas Statutes|Government Code|Title 2 - Judicial Branch|Subtitle F - Court Administration|Chapter 79 - Texas Indigent Defense Commission|Subchapter A. General Provisions|Section 79.002. Establishment of Commission

Sec. 79.002.  ESTABLISHMENT OF COMMISSION.  (a)  The Texas Indigent Defense Commission is established as a permanent standing committee of the council.(b)  The commission operates under the direction and supervision of a governing board.|Added by Acts 2011, 82nd Leg., R.S., Ch. 984 (H.B. 1754), Sec. 1, eff. September 1, 2011.|
TX Govt Code § 79.011 (2021)
2021 Texas Statutes|Government Code|Title 2 - Judicial Branch|Subtitle F - Court Administration|Chapter 79 - Texas Indigent Defense Commission|Subchapter B. Administrative Provisions|Section 79.011. Establishment of Board; Composition

Sec. 79.011.  ESTABLISHMENT OF BOARD; COMPOSITION.  (a)  The commission is governed by a board consisting of eight ex officio members and five appointive members.(b)  Except as provided by Section 79.033(b), the board shall exercise the powers and perform the duties under this chapter independently of the council.|Added by Acts 2011, 82nd Leg., R.S., Ch. 984 (H.B. 1754), Sec. 1, eff. September 1, 2011.|
TX Govt Code § 79.012 (2021)
2021 Texas Statutes|Government Code|Title 2 - Judicial Branch|Subtitle F - Court Administration|Chapter 79 - Texas Indigent Defense Commission|Subchapter B. Administrative Provisions|Section 79.012. Executive Director

Sec. 79.012.  EXECUTIVE DIRECTOR.  (a)  The executive director is appointed by the board.(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 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.|Added by Acts 2011, 82nd Leg., R.S., Ch. 984 (H.B. 1754), Sec. 1, eff. September 1, 2011.|
TX Govt Code § 79.013 (2021)
2021 Texas Statutes|Government Code|Title 2 - Judicial Branch|Subtitle F - Court Administration|Chapter 79 - Texas Indigent Defense Commission|Subchapter B. Administrative Provisions|Section 79.013. Ex Officio Members

Sec. 79.013.  EX OFFICIO MEMBERS.  The ex officio members of the board 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;(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; and(F)  one of the county court or statutory county court judges serving on the council who is designated by the governor 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;(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 2011, 82nd Leg., R.S., Ch. 984 (H.B. 1754), Sec. 1, eff. September 1, 2011.|
TX Govt Code § 79.014 (2021)
2021 Texas Statutes|Government Code|Title 2 - Judicial Branch|Subtitle F - Court Administration|Chapter 79 - Texas Indigent Defense Commission|Subchapter B. Administrative Provisions|Section 79.014. Appointments

Sec. 79.014.  APPOINTMENTS.  (a)  The governor shall appoint with the advice and consent of the senate five members of the board 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 in this state or the chief public defender's designee, who must be an attorney employed by the public defender's office; 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 board 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 board, the governor shall attempt to reflect the geographic and demographic diversity of the state.(d)  A person may not be appointed to the board 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 commission or the council.|Added by Acts 2011, 82nd Leg., R.S., Ch. 984 (H.B. 1754), Sec. 1, eff. September 1, 2011.|
TX Govt Code § 79.015 (2021)
2021 Texas Statutes|Government Code|Title 2 - Judicial Branch|Subtitle F - Court Administration|Chapter 79 - Texas Indigent Defense Commission|Subchapter B. Administrative Provisions|Section 79.015. Presiding Officer

Sec. 79.015.  PRESIDING OFFICER.  The board shall select a chair from among its members.|Added by Acts 2011, 82nd Leg., R.S., Ch. 984 (H.B. 1754), Sec. 1, eff. September 1, 2011.|
TX Govt Code § 79.016 (2021)
2021 Texas Statutes|Government Code|Title 2 - Judicial Branch|Subtitle F - Court Administration|Chapter 79 - Texas Indigent Defense Commission|Subchapter B. Administrative Provisions|Section 79.016. Disclosure Required

Sec. 79.016.  DISCLOSURE REQUIRED.  (a)  A board member who is a chief public defender for or an attorney employed by an entity that applies for funds under Section 79.037 shall disclose that fact before a vote by the board regarding an award of funds to that entity and may not participate in that vote.(b)  A board member's disclosure under Subsection (a) must be entered into the minutes of the board meeting at which the disclosure is made or reported, as applicable.(c)  The commission may not award funds under Section 79.037 to an entity served by a chief public defender or other attorney who fails to make a disclosure to the board as required by Subsection (a).|Added by Acts 2011, 82nd Leg., R.S., Ch. 984 (H.B. 1754), Sec. 1, eff. September 1, 2011.Amended by: Acts 2015, 84th Leg., R.S., Ch. 476 (S.B. 1057), Sec. 1, eff. September 1, 2015.|
TX Govt Code § 79.017 (2021)
2021 Texas Statutes|Government Code|Title 2 - Judicial Branch|Subtitle F - Court Administration|Chapter 79 - Texas Indigent Defense Commission|Subchapter B. Administrative Provisions|Section 79.017. Vacancies

Sec. 79.017.  VACANCIES.  A vacancy on the board must be filled for the unexpired term in the same manner as the original appointment.|Added by Acts 2011, 82nd Leg., R.S., Ch. 984 (H.B. 1754), Sec. 1, eff. September 1, 2011.|
TX Govt Code § 79.018 (2021)
2021 Texas Statutes|Government Code|Title 2 - Judicial Branch|Subtitle F - Court Administration|Chapter 79 - Texas Indigent Defense Commission|Subchapter B. Administrative Provisions|Section 79.018. Meetings; Quorum; Voting

Sec. 79.018.  MEETINGS; QUORUM; VOTING.  (a)  The board shall meet at least four times each year and at such other times as it considers necessary or convenient to perform its duties.(b)  Six members of the board constitute a quorum for purposes of transacting the business of the board.  The board may act only on the concurrence of five board members or a majority of the board members present, whichever number is greater.  The board may adopt policies and standards under Section 79.034 only on the concurrence of seven board members.(c)  Except as provided by Section 79.016, a board member is entitled to vote on any matter before the board, except as otherwise provided by rules adopted by the board.|Added by Acts 2011, 82nd Leg., R.S., Ch. 984 (H.B. 1754), Sec. 1, eff. September 1, 2011.|
TX Govt Code § 79.019 (2021)
2021 Texas Statutes|Government Code|Title 2 - Judicial Branch|Subtitle F - Court Administration|Chapter 79 - Texas Indigent Defense Commission|Subchapter B. Administrative Provisions|Section 79.019. Compensation

Sec. 79.019.  COMPENSATION.  A board member may not receive compensation for services on the board but is entitled to be reimbursed for actual and necessary expenses incurred in discharging board duties.  The expenses are paid from funds appropriated to the board.|Added by Acts 2011, 82nd Leg., R.S., Ch. 984 (H.B. 1754), Sec. 1, eff. September 1, 2011.|
TX Govt Code § 79.020 (2021)
2021 Texas Statutes|Government Code|Title 2 - Judicial Branch|Subtitle F - Court Administration|Chapter 79 - Texas Indigent Defense Commission|Subchapter B. Administrative Provisions|Section 79.020. Immunity From Liability

Sec. 79.020.  IMMUNITY FROM LIABILITY.  A member of the board performing duties on behalf of the board is not liable for damages arising from an act or omission within the scope of those duties.|Added by Acts 2011, 82nd Leg., R.S., Ch. 984 (H.B. 1754), Sec. 1, eff. September 1, 2011.|
TX Govt Code § 79.021 (2021)
2021 Texas Statutes|Government Code|Title 2 - Judicial Branch|Subtitle F - Court Administration|Chapter 79 - Texas Indigent Defense Commission|Subchapter B. Administrative Provisions|Section 79.021. Rules

Sec. 79.021.  RULES.  The board shall adopt rules as necessary to implement this chapter.|Added by Acts 2011, 82nd Leg., R.S., Ch. 984 (H.B. 1754), Sec. 1, eff. September 1, 2011.|
TX Govt Code § 79.031 (2021)
2021 Texas Statutes|Government Code|Title 2 - Judicial Branch|Subtitle F - Court Administration|Chapter 79 - Texas Indigent Defense Commission|Subchapter C. General Powers and Duties of Commission|Section 79.031. Fair Defense Account

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.|Added by Acts 2011, 82nd Leg., R.S., Ch. 984 (H.B. 1754), Sec. 1, eff. September 1, 2011.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1215 (S.B. 1743), Sec. 22, eff. September 1, 2015.|
TX Govt Code § 79.032 (2021)
2021 Texas Statutes|Government Code|Title 2 - Judicial Branch|Subtitle F - Court Administration|Chapter 79 - Texas Indigent Defense Commission|Subchapter C. General Powers and Duties of Commission|Section 79.032. Acceptance of Gifts, Grants, and Other Funds; State Grants Team

Sec. 79.032.  ACCEPTANCE OF GIFTS, GRANTS, AND OTHER FUNDS; STATE GRANTS TEAM.  (a)  The commission may accept gifts, grants, and other funds from any public or private source to pay expenses incurred in performing its duties under this chapter.(b)  The State Grants Team of the Governor's Office of Budget, Planning, and Policy may assist the commission in identifying grants and other resources available for use by the commission in performing its duties under this chapter.|Added by Acts 2011, 82nd Leg., R.S., Ch. 984 (H.B. 1754), Sec. 1, eff. September 1, 2011.|
TX Govt Code § 79.033 (2021)
2021 Texas Statutes|Government Code|Title 2 - Judicial Branch|Subtitle F - Court Administration|Chapter 79 - Texas Indigent Defense Commission|Subchapter C. General Powers and Duties of Commission|Section 79.033. Administrative Attachment; Support; Budget

Sec. 79.033.  ADMINISTRATIVE ATTACHMENT; SUPPORT; BUDGET.  (a)  The commission is administratively attached to the Office of Court Administration of the Texas Judicial System.(b)  The office of court administration shall provide administrative support services, including human resources, budgetary, accounting, purchasing, payroll, information technology, and legal support services, to the commission as necessary to carry out the purposes of this chapter.(c)  The commission, in accordance with the rules and procedures of the Legislative Budget Board, shall prepare, approve, and submit a legislative appropriations request that is separate from the legislative appropriations request for the Office of Court Administration of the Texas Judicial System and is used to develop the commission's budget structure.  The commission shall maintain the legislative appropriations request and budget structure separately from those of the office of court administration.|Added by Acts 2011, 82nd Leg., R.S., Ch. 984 (H.B. 1754), Sec. 1, eff. September 1, 2011.|
TX Govt Code § 79.035 (2021)
2021 Texas Statutes|Government Code|Title 2 - Judicial Branch|Subtitle F - Court Administration|Chapter 79 - Texas Indigent Defense Commission|Subchapter C. General Powers and Duties of Commission|Section 79.035. County Reporting Plan; Commission Reports

Sec. 79.035.  COUNTY REPORTING PLAN; COMMISSION REPORTS.  (a)  The commission 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 commission 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 commission may revise the plan as necessary to improve monitoring of indigent defense 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 defendants;(B)  current indigent defense practices in the state as compared to state and national standards;(C)  efforts made by the commission to improve indigent defense practices in the state;(D)  recommendations made by the commission for improving indigent defense practices in the state; and(E)  the findings of a report submitted to the commission under Section 79.039.(c)  The commission 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 79.037.(d)  The commission may issue other reports relating to indigent defense as determined to be appropriate by the commission.|Added by Acts 2011, 82nd Leg., R.S., Ch. 984 (H.B. 1754), Sec. 1, eff. September 1, 2011.|
TX Govt Code § 79.039 (2021)
2021 Texas Statutes|Government Code|Title 2 - Judicial Branch|Subtitle F - Court Administration|Chapter 79 - Texas Indigent Defense Commission|Subchapter C. General Powers and Duties of Commission|Section 79.039. Exoneration Report

Sec. 79.039.  EXONERATION REPORT.  (a) Each legal clinic or program in this state that is operated by a law school and that receives  financial support from the commission shall submit to the commission an annual report regarding criminal cases:(1)  in which the clinic or program has provided legal services to an indigent defendant during the preceding calendar year; and(2)  in which:(A)  based on a finding of actual innocence, the court of criminal appeals overturns a conviction; or(B)  the governor issues a pardon based on actual innocence.(b)  The report required under Subsection (a) must:(1)  identify each likely cause of a wrongful conviction listed in the report; and(2)  recommend to the judiciary and the legislature best practices, policies, and statutory changes to address or mitigate those likely causes with respect to future criminal cases.|Added by Acts 2011, 82nd Leg., R.S., Ch. 984 (H.B. 1754), Sec. 1, eff. September 1, 2011.|
TX Govt Code § 79.040 (2021)
2021 Texas Statutes|Government Code|Title 2 - Judicial Branch|Subtitle F - Court Administration|Chapter 79 - Texas Indigent Defense Commission|Subchapter C. General Powers and Duties of Commission|Section 79.040. Indigent Defense Information System

Sec. 79.040.  INDIGENT DEFENSE 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 indigent defense services and to be used to collect data from those counties regarding representation of indigent defendants 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. |Added by Acts 2015, 84th Leg., R.S., Ch. 56 (S.B. 1353), Sec. 2, eff. September 1, 2015.|