reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle F - Court Administration › Chapter 76 - Community Supervision and Corrections Departments › Section 76.008. Financial Responsibilities of Counties

Sec. 76.008.  FINANCIAL RESPONSIBILITIES OF COUNTIES.  (a)  The county or counties served by a department shall provide physical facilities, equipment, and utilities for a department.  The division shall monitor the support a county provides under this section and determine whether a county provides support that meets the standards for minimum support established by the division.  If the division determines that a county's support is insufficient, the division may impose on the department a sanction authorized by Section 509.012.
(b)  If a department serves two or more counties, those counties may enter into an agreement for the distribution of the expenses of facilities, equipment, and utilities.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 7.11, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle F - Court Administration › Chapter 76 - Community Supervision and Corrections Departments › Section 76.009. Financial Responsibilities of Districts

Sec. 76.009.  FINANCIAL RESPONSIBILITIES OF DISTRICTS.  (a)  The department may expend district funds in order to provide expanded facilities, equipment, and utilities if:
(1)  the department needs to increase its personnel in order to provide more effective services or to meet workload requirements established under Chapter 509;
(2)  the county or counties certify to the department director that they have neither adequate space in county-owned buildings nor adequate funds to lease additional physical facilities, purchase additional equipment, or pay for additional utilities required by the department; and
(3)  the county or counties provide facilities, equipment, and utilities at or above the levels required by the division.
(b)  The division shall set as the level of contribution a county or counties must meet or exceed to receive district funds under Subsection (a) a level not lower than the average level provided by the county or counties during the fiscal year in which the funds are to be received and the four fiscal years immediately preceding that year.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 7.11, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 255 (H.B. 1326), Sec. 7, eff. May 30, 2005.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle F - Court Administration › Chapter 76 - Community Supervision and Corrections Departments › Section 76.010. State Funds or Guarantees for Corrections Facilities

Sec. 76.010.  STATE FUNDS OR GUARANTEES FOR CORRECTIONS FACILITIES.  (a)  In this section:
(1)  "Community corrections facility" has the meaning assigned by Section 509.001.
(2)  "State jail felony facility" means a facility operated or contracted for by the Texas Department of Criminal Justice under Subchapter A, Chapter 507, for the confinement of individuals convicted of state jail felonies.
(b)  A department, county, municipality, or a combination involving more than one of those entities may establish a community corrections facility and are specifically encouraged to purchase or enter into a contract for the use of abandoned or underutilized public facilities, such as former military bases and rural hospitals, for the purpose of providing community corrections facilities.
(c)  The department may authorize expenditures of funds provided by the division to the department for the purposes of providing facilities, equipment, and utilities for community corrections facilities or state jail felony facilities if:
(1)  the judges described by Section 76.002 recommend the expenditures; and
(2)  the division, or the correctional institutions division of the Texas Department of Criminal Justice in the case of a state jail felony facility, provides funds for the purpose of assisting in the establishment or improvement of the facilities.
(d)  A department may acquire, hold title to, and own real property for the purpose of establishing a community corrections facility or a state jail felony facility.
(e)  A department, county, municipality, or a combination involving more than one of those entities may not use a facility or real property purchased, acquired, or improved with state funds unless the division, or the correctional institutions division of the Texas Department of Criminal Justice in the case of a state jail felony facility, first approves the use.
(f)  The division or the correctional institutions division of the Texas Department of Criminal Justice, in the case of a state jail felony facility, is entitled to reimbursement from an entity described by Subsection (e) of all state funds used by the entity without the approval required by Subsection (e).
Added by Acts 1995, 74th Leg., ch. 76, Sec. 7.11, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 255 (H.B. 1326), Sec. 8, eff. May 30, 2005.
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.065, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.066, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1051 (H.B. 1930), Sec. 4, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle F - Court Administration › Chapter 76 - Community Supervision and Corrections Departments › Section 76.011. Operation of Certain Services and Programs

Sec. 76.011.  OPERATION OF CERTAIN SERVICES AND PROGRAMS.  (a)  The department may operate programs for:
(1)  the supervision and rehabilitation of persons in pretrial intervention programs;
(2)  the supervision of persons released on bail under:
(A)  Chapter 11, Code of Criminal Procedure;
(B)  Chapter 17, Code of Criminal Procedure;
(C)  Article 44.04, Code of Criminal Procedure; or
(D)  any other law;
(3)  the supervision of a person subject to, or the verification of compliance with, a court order issued under:
(A)  Article 17.441, Code of Criminal Procedure, requiring a person to install a deep-lung breath analysis mechanism on each vehicle owned or operated by the person;
(B)  Chapter 123 of this code or former law, issuing an occupational driver's license;
(C)  Section 49.09(h), Penal Code, requiring a person to install a deep-lung breath analysis mechanism on each vehicle owned or operated by the person; or
(D)  Subchapter L, Chapter 521, Transportation Code, granting a person an occupational driver's license; and
(4)  the supervision of a person not otherwise described by Subdivision (1), (2), or (3), if a court orders the person to submit to the supervision of, or to receive services from, the department.
(b)  Except as otherwise provided by this subsection, programs operated by the department under Subsection (a) may include reasonable conditions related to the purpose of the program, including testing for controlled substances.  If this subsection conflicts with a more specific provision of another law, the other law prevails.
(c)  A person in a pretrial intervention program operated by the department under Subsection (a) may be supervised for a period not to exceed two years.
(d)  The department may use money deposited in the special fund of the county treasury for the department under Article 103.004(d), Code of Criminal Procedure, only for the same purposes for which state aid may be used under this chapter.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 7.11, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 91 (S.B. 1006), Sec. 1, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 11.001, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 419 (S.B. 880), Sec. 1, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 747 (S.B. 462), Sec. 1.03, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle F - Court Administration › Chapter 76 - Community Supervision and Corrections Departments › Section 76.012. Reporting and Management Services

Sec. 76.012.  REPORTING AND MANAGEMENT SERVICES.  A department may enter into a contract with a public or private vendor to provide telephone reporting, automated caseload management, and collection services for fines, fees, restitution, and other costs ordered to be paid by a court or fees imposed by a department.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 7.11, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle F - Court Administration › Chapter 76 - Community Supervision and Corrections Departments › Section 76.013. Restitution

Sec. 76.013.  RESTITUTION.  (a)  If a judge requires a defendant to make restitution to a victim of the defendant's offense, and a restitution payment is received by a department from the defendant for transmittal to a victim of the offense, the department shall immediately deposit the payment in an interest-bearing account in the county treasury as required by Section 140.003(f), Local Government Code.
(b)  If a department receives an initial restitution payment, the department shall immediately notify the victim by certified mail, mailed to the last known address of the victim, that the restitution payment has been received and shall inform the victim of how a claim for payment of restitution can be made.
(b-1)  If a victim makes a claim for payment of restitution with the department, the department shall promptly remit to the victim all restitution payments received by the department from the defendant for transmittal to the victim.
(b-2)  If a victim who is entitled to restitution does not make a claim for payment before the fifth anniversary of the date the department receives the initial restitution payment or if, after the victim makes a claim for payment, the department is unable to locate the victim for a period of five years after the date the department last made a payment to the victim, any unclaimed restitution payments being held by the department for payment to the victim are presumed abandoned.  The department shall report and deliver to the comptroller all unclaimed restitution payments presumed abandoned under this section, less a collection fee of one and one-half percent, in the manner provided by Chapter 77, Property Code.
(b-3)  If on March 1 a department is not holding unclaimed restitution payments that are presumed abandoned under this section, the department shall file a property report under Section 77.051, Property Code, that certifies that the department is not holding any unclaimed restitution payments that are presumed abandoned under this section.
(c)  The collection fee under Subsection (b-2) and the accrued interest under Subsection (a) shall be deposited in the special fund of the county treasury provided by Section 509.011 to be used for the same purposes for which state aid may be used under that section.
(d)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 351 (H.B. 1866), Sec. 5(2), eff. September 1, 2017.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 7.11, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 9.04(a), eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 796, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 351 (H.B. 1866), Sec. 2, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 351 (H.B. 1866), Sec. 5(2), eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle F - Court Administration › Chapter 76 - Community Supervision and Corrections Departments › Section 76.014. Assessment and Enhancement of Defendant's Educational Skills

Sec. 76.014.  ASSESSMENT AND ENHANCEMENT OF DEFENDANT'S EDUCATIONAL SKILLS.  (a)  A department, with the assistance of the Texas Workforce Commission, the Texas Workforce Investment Council, local workforce development boards, and other appropriate public and private entities, may establish a developmental program for a defendant under the supervision of the department on the basis of information obtained in the presentence investigation report prepared for the defendant.
(b)  The developmental program may provide the defendant with the educational and vocational training necessary to:
(1)  meet the average skill level of students who have completed the sixth grade in public schools in this state;  and
(2)  maintain employment while under the supervision of the department, to lessen the likelihood that the defendant will commit additional offenses.
(c)  To decrease expenditures by departments for the educational and vocational skills assessment and enhancement program established under this section, the Texas Department of Economic Development shall provide information to departments, the Texas Workforce Commission, the Texas Workforce Investment Council, local workforce development boards, and other appropriate public and private entities for obtaining financial assistance through programs under Chapter 301, Labor Code, and other applicable programs of public or private entities.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 7.11, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 9.05(a), eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 818, Sec. 6.05, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle F - Court Administration › Chapter 76 - Community Supervision and Corrections Departments › Section 76.015. Reimbursement Fee

Sec. 76.015.  REIMBURSEMENT FEE.  (a)  A department may collect money from an individual as ordered by a court served by the department regardless of whether the individual is under the department's supervision.
(a-1)  This section does not apply to an individual ordered to pay an administrative fee to a personal bond office under Section 521.2462(a-3), Transportation Code.
(b)  A department that collects money under this section shall promptly transfer the money collected to the appropriate county or state officer.
(c)  A department may assess a reasonable reimbursement fee of not less than $25 and not more than $60 per month on an individual who participates in a program operated by the department or receives services from the department and who is not paying a monthly reimbursement fee under Article 42A.652, Code of Criminal Procedure.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 9.07(a), eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 983, Sec. 1(a), eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 419 (S.B. 880), Sec. 2, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 426 (S.B. 953), Sec. 3, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.36, eff. January 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 212 (H.B. 156), Sec. 3, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 2.44, eff. January 1, 2020.
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 2.45, eff. January 1, 2020.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle F - Court Administration › Chapter 76 - Community Supervision and Corrections Departments › Section 76.016. Victim Notification

Sec. 76.016.  VICTIM NOTIFICATION.  (a)  A department, using the name and address provided by the attorney representing the state under Article 56A.454(b), Code of Criminal Procedure, shall immediately notify a victim of the defendant's crime or, if the victim has a guardian or is deceased, notify the guardian of the victim or close relative of the deceased victim of:
(1)  the fact that the defendant has been placed on community supervision;
(2)  the conditions of community supervision imposed on the defendant by the court; and
(3)  the date, time, and location of any hearing or proceeding at which the conditions of the defendant's community supervision may be modified or the defendant's placement on community supervision may be revoked or terminated.
(b)  In this section, "close relative of a deceased victim," "guardian of a victim," and "victim" have the meanings assigned by Article 56A.001, Code of Criminal Procedure.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 9.08(a), eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 1034, Sec. 9, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 2.41, eff. January 1, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle F - Court Administration › Chapter 76 - Community Supervision and Corrections Departments › Section 76.018. Application of Law Relating to Free Exercise of Religion

Sec. 76.018.  APPLICATION OF LAW RELATING TO FREE EXERCISE OF RELIGION.  For purposes of Chapter 110, Civil Practice and Remedies Code, an ordinance, rule, order, decision, or practice that applies to a person in the custody of a correctional facility operated by or under a contract with a community supervision and corrections department is presumed to be in furtherance of a compelling governmental interest and the least restrictive means of furthering that interest.  The presumption may be rebutted.
Added by Acts 1999, 76th Leg., ch. 399, Sec. 3, eff. Aug. 30, 1999.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle F - Court Administration › Chapter 76 - Community Supervision and Corrections Departments › Section 76.019. Supervision Officer Meetings and Visits

Sec. 76.019.  SUPERVISION OFFICER MEETINGS AND VISITS.  (a)  A department shall adopt a policy regarding the scheduling of meetings or visits with a defendant placed on community supervision and supervised by the department.  The policy must require the officer supervising the defendant to take into consideration the defendant's work, treatment, or community service schedule, as applicable, when scheduling any required meetings or visits.
(b)  A department may permit a defendant to report to the officer supervising the defendant by use of videoconference technology if the department determines that an in-person meeting or visit is unnecessary.
Added by Acts 2019, 86th Leg., R.S., Ch. 156 (H.B. 374), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle F - Court Administration › Chapter 77 - Judicial Committee on Information Technology › Subchapter A. General Provisions › Section 77.001. Definitions

Sec. 77.001.  DEFINITIONS.  In this chapter:
(1)  "Committee" means the Judicial Committee on Information Technology.
(2)  "Court" means any tribunal forming a part of the judiciary.
(3)  "Internet" means the largest nonproprietary nonprofit cooperative public computer network, popularly known as the Internet.
Added by Acts 1997, 75th Leg., ch. 1327, Sec. 4, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle F - Court Administration › Chapter 77 - Judicial Committee on Information Technology › Subchapter B. Administrative Provisions › Section 77.011. Judicial Committee on Information Technology

Sec. 77.011.  JUDICIAL COMMITTEE ON INFORMATION TECHNOLOGY.  (a)  The committee operates under the direction and supervision of the chief justice of the supreme court.
(b)  The committee shall exercise the powers and perform the duties or functions imposed on the committee by this chapter or the supreme court.
Added by Acts 1997, 75th Leg., ch. 1327, Sec. 4, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle F - Court Administration › Chapter 77 - Judicial Committee on Information Technology › Subchapter B. Administrative Provisions › Section 77.012. Members

Sec. 77.012.  MEMBERS.  (a)  The committee is composed of 15 members appointed by the chief justice of the supreme court.
(b)  The chief justice of the supreme court, in making appointments to the committee, shall attempt to select members who are representative of, but not limited to, appellate court judges, appellate court clerks, district court judges, county court judges, statutory probate judges, justices of the peace, municipal court judges, district attorneys, court reporters, court administrators, district or county clerks, members of the legislature, attorneys, and the general public.  The members shall be selected based on their experience, expertise, or special interest in the use of technology in court.  A representative from the Office of Court Administration of the Texas Judicial System shall serve as a nonvoting member of the committee.
(c)  The chief justice of the supreme court shall designate the presiding officer of the committee.  The presiding officer may form subcommittees as needed to accomplish the business of the committee.
(d)  A person may not serve on the committee 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 business of the committee.
Added by Acts 1997, 75th Leg., ch. 1327, Sec. 4, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle F - Court Administration › Chapter 77 - Judicial Committee on Information Technology › Subchapter B. Administrative Provisions › Section 77.013. Compensation

Sec. 77.013.  COMPENSATION.  A member of the committee is not entitled to compensation but is entitled to reimbursement of travel expenses incurred by the member while conducting the business of the committee, as provided in the General Appropriations Act.
Added by Acts 1997, 75th Leg., ch. 1327, Sec. 4, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle F - Court Administration › Chapter 77 - Judicial Committee on Information Technology › Subchapter B. Administrative Provisions › Section 77.014. Staff

Sec. 77.014.  STAFF.  The Office of Court Administration of the Texas Judicial System shall provide staff for the committee.
Added by Acts 1997, 75th Leg., ch. 1327, Sec. 4, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle F - Court Administration › Chapter 77 - Judicial Committee on Information Technology › Subchapter C. Powers and Duties; Funding › Section 77.031. General Powers and Duties

Sec. 77.031.  GENERAL POWERS AND DUTIES.  The committee shall:
(1)  develop programs to implement the recommendations of the Information Technology Task Force of the Texas Commission on Judicial Efficiency;
(2)  develop minimum standards for voice storage and retrieval services, including voice messaging and electronic mail services, local area networks, Internet access, electronic data interchange, data dictionaries, and other technological needs of the judicial system;
(3)  develop a coordinated statewide computer and communication network that is capable of linking all courts in this state;
(4)  encourage efficiency and planning coordination by researching the possible uses of existing computer and communication networks developed by other state agencies;
(5)  develop minimum standards for an electronically based document system to provide for the flow of information within the judicial system in electronic form and recommend rules relating to the electronic filing of documents with courts;
(6)  develop security guidelines for controlling access to and protecting the integrity and confidentiality of information available in electronic form;
(7)  develop a state judicial system web page for use on the Internet accessible to the public for a reasonable access fee set by the supreme court after consultation with the committee;
(8)  develop minimum standards for an internal computer and communication network available only to court staff;
(9)  recommend pilot programs relating to the testing and demonstration of new technologies as applied to the judicial system;
(10)  recommend programs to provide training and technical assistance to users of the coordinated statewide computer and communication network;
(11)  develop funding priorities regarding the various technological needs of the judicial system;  and
(12)  recommend distributions to courts from the judicial technology account in the judicial fund.
Added by Acts 1997, 75th Leg., ch. 1327, Sec. 4, eff. Sept. 1, 1997.
2023 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 A. Capital and Forensic Writs Committee › Section 78.001. Definitions

Sec. 78.001.  DEFINITIONS.  In this subchapter:
(1)  "Committee" means the capital and forensic writs committee established under this subchapter.
(2)  "Office of capital and forensic writs" means the office of capital and forensic writs established under Subchapter B.
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. 12, eff. September 1, 2015.
2023 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 A. Capital and Forensic Writs Committee › Section 78.002. Establishment of Committee; Duties

Sec. 78.002.  ESTABLISHMENT OF COMMITTEE; DUTIES.  (a)  The capital and forensic writs committee is established.
(b)  The committee shall provide oversight and strategic guidance to the office of capital and forensic writs, including:
(1)  recommending to the court of criminal appeals as provided by Section 78.004 a director for the office of capital and forensic writs when a vacancy exists for the position of director;
(2)  setting policy for the office of capital and forensic writs; and
(3)  developing a budget proposal for the office of capital and forensic writs.
(c)  The committee may not access privileged or confidential information.
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. 13, eff. September 1, 2015.
Acts 2021, 87th Leg., R.S., Ch. 293 (S.B. 280), Sec. 1, eff. September 1, 2021.
2023 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 A. Capital and Forensic Writs Committee › Section 78.003. Appointment and Composition of Committee

Sec. 78.003.  APPOINTMENT AND COMPOSITION OF COMMITTEE.  (a)  The committee is composed of the following five members who are appointed as follows:
(1)  three attorneys who are appointed by the executive director of the Texas Indigent Defense Commission; and
(2)  two attorneys who are appointed by the president of the State Bar of Texas, with ratification by the executive committee of the State Bar of Texas.
(a-1)  Each member of the committee must be a licensed attorney and must have significant experience in capital defense or indigent criminal defense policy or practice.  A member of the committee may not be a prosecutor, a law enforcement official, a judge of a court that presides over criminal offenses, or an employee of the office of capital and forensic writs.
(a-2)  Members of the committee serve four-year terms and may be reappointed.
(a-3)  If a vacancy occurs, the appropriate appointing authority shall appoint a person to serve for the remainder of the unexpired term in the same manner as the original appointment.
(b)  The committee shall elect one member of the committee to serve as the presiding officer of the committee.
(c)  The committee shall meet at the call of the presiding officer of the committee.
Added by Acts 2009, 81st Leg., R.S., Ch. 781 (S.B. 1091), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 293 (S.B. 280), Sec. 2, eff. September 1, 2021.
2023 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 A. Capital and Forensic Writs Committee › Section 78.004. Recommendation and Appointment of Director of Office of Capital and Forensic Writs

Sec. 78.004.  RECOMMENDATION AND APPOINTMENT OF DIRECTOR OF OFFICE OF CAPITAL AND FORENSIC WRITS.  (a)  The committee shall submit to the court of criminal appeals, in order of the committee's preference, a list of the names of not more than five persons the committee recommends that the court consider in appointing the director of the office of capital and forensic writs when a vacancy exists for the position of director.  If the committee finds that three or more persons under the committee's consideration are qualified to serve as the director of the office of capital and forensic writs, the committee must include at least three names in the list submitted under this subsection.
(b)  Each person recommended to the court of criminal appeals by the committee under Subsection (a):
(1)  must exhibit proficiency and commitment to providing quality representation to defendants in death penalty cases, as described by the Guidelines and Standards for Texas Capital Counsel, as published by the State Bar of Texas; 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 criminal case.
(c)  When a vacancy for the position exists, the court of criminal appeals shall appoint from the list of persons submitted to the court under Subsection (a) the director of the office of capital and forensic writs.
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. 14, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1215 (S.B. 1743), Sec. 15, eff. September 1, 2015.
2023 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 78.051. Definitions

Sec. 78.051.  DEFINITIONS.  In this subchapter:
(1)  "Committee" means the capital and forensic writs committee established under Subchapter A.
(2)  "Office" means the office of capital and forensic writs established under this subchapter.
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. 17, eff. September 1, 2015.
2023 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 78.052. Establishment; Funding

Sec. 78.052.  ESTABLISHMENT; FUNDING.  (a)  The office of capital and forensic writs is established and operates under the direction and supervision of the director of the office.
(b)  The office shall receive funds for personnel costs and expenses:
(1)  as specified in the General Appropriations Act; and
(2)  from the fair defense account under Section 79.031, in an amount sufficient to cover personnel costs and expenses not covered by appropriations described by Subdivision (1).
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. 3, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1215 (S.B. 1743), Sec. 18, eff. September 1, 2015.
2023 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 78.053. Director; Staff

Sec. 78.053.  DIRECTOR; STAFF.  (a)  The court of criminal appeals shall appoint a director to direct and supervise the operation of the office.  The director serves a four-year term and continues to serve until a successor has been appointed and qualified.  The court of criminal appeals may remove the director only for good cause.  The director may be reappointed for a second or subsequent term.
(b)  The director shall employ attorneys and employ or retain licensed investigators, experts, and other personnel necessary to perform the duties of the office.  To be employed by the director, an attorney 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 criminal case.
(c)  The director and any attorney employed by the office may not:
(1)  engage in the private practice of criminal law; or
(2)  accept anything of value not authorized by law for services rendered under this subchapter.
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. 19, eff. September 1, 2015.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 demonstrate an interest in the standards for and provision of criminal defense services and family protection services to indigent individuals;
(2)  may not engage in the private practice of law; and
(3)  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.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 15.001, eff. June 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 965 (S.B. 2120), Sec. 2, eff. September 1, 2023.
2023 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.
2023 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 seven 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;
(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;
(6)  one member who is either:
(A)  a director of a managed assigned counsel program in this state; or
(B)  a person who has a demonstrated expertise in indigent defense issues; and
(7)  one member who is a justice of the peace, municipal court judge, or appointed magistrate under Article 2.09, Code of Criminal Procedure, whose regular duties include presiding over hearings under Article 15.17, Code of Criminal Procedure.
(b)  The board members serve staggered terms of two years, with three members' terms expiring February 1 of each odd-numbered year and four 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.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 800 (H.B. 409), Sec. 1, eff. September 1, 2023.
2023 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.
2023 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 or a director of a managed assigned counsel program for 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 a director of a managed assigned counsel program 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.
Acts 2023, 88th Leg., R.S., Ch. 800 (H.B. 409), Sec. 2, eff. September 1, 2023.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.