TX Govt Code § 79.037 (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 79.037. Technical Support; Grants

Sec. 79.037.  TECHNICAL SUPPORT; GRANTS.  (a)  The commission shall:(1)  provide technical support to:(A)  assist counties in improving their systems for providing indigent defense services, including indigent defense support services; and(B)  promote compliance by counties with the requirements of state law relating to indigent defense;(2)  to assist a county in providing or improving the provision of indigent defense services in the county, distribute in the form of grants any funds appropriated for the purposes of this section to one or more of the following entities:(A)  the county;(B)  a law school's legal clinic or program that provides indigent defense services in the county;(C)  a regional public defender that meets the requirements of Subsection (e) and provides indigent defense services in the county;(D)  an entity described by Section 791.013 that provides to a county administrative services under an interlocal contract entered into for the purpose of providing or improving the provision of indigent defense services in the county; and(E)  a nonprofit corporation that provides indigent defense services or indigent defense support services in the county; and(3)  monitor each entity that receives a grant under Subdivision (2) and enforce compliance with the conditions of the grant, including enforcement by:(A)  withdrawing grant funds; or(B)  requiring reimbursement of grant funds by the entity.(b)  The commission shall determine for each county the entity or entities that are eligible to receive funds for the provision of or improvement in the provision of indigent defense services under Subsection (a)(2). The determination must be made based on the entity's:(1)  compliance with standards adopted by the board; and(2)  demonstrated commitment to compliance with the requirements of state law relating to indigent defense.(c)  The board shall adopt policies to ensure that funds under Subsection (a)(2) are allocated and distributed 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for indigent defense services in the county because of funds provided by the commission under this section.(e)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 477 (H.B. 295), Sec. 5, eff. September 1, 2021.(f)  The commission shall select, by rule or under a contract with a regional public defender's office, a method for the payment of costs under Subsection (e)(4), which may include any combination of the following:(1)  allowing an office to establish and maintain a reserve of funds sufficient to cover anticipated costs, in an amount determined appropriate by the commission;(2)  guaranteeing all or part of the costs to be paid; or(3)  establishing a schedule of fees for the payment of costs in the manner provided by Article 26.05, Code of Criminal Procedure.(g)  Any change to a schedule of fees established under Subsection (f)(3) must first be approved by the commission.(h)  A regional public defender's office shall collect each participating county's portion of the operational costs as that portion is provided by the county to the office.|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. 56 (S.B. 1353), Sec. 1, eff. September 1, 2015.Acts 2015, 84th Leg., R.S., Ch. 476 (S.B. 1057), Sec. 2, eff. September 1, 2015.Acts 2021, 87th Leg., R.S., Ch. 477 (H.B. 295), Sec. 1, eff. September 1, 2021.Acts 2021, 87th Leg., R.S., Ch. 477 (H.B. 295), Sec. 2, eff. September 1, 2021.Acts 2021, 87th Leg., R.S., Ch. 477 (H.B. 295), Sec. 3, eff. September 1, 2021.Acts 2021, 87th Leg., R.S., Ch. 477 (H.B. 295), Sec. 5, eff. September 1, 2021.|