88R3315 EAS-F     By: Collier H.B. No. 414       A BILL TO BE ENTITLED   AN ACT   relating to a maximum allowable caseload for certain attorneys.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 26.04(b), Code of Criminal Procedure, is   amended to read as follows:          (b)  Procedures adopted under Subsection (a) shall:                (1)  authorize only the judges of the county courts,   statutory county courts, and district courts trying criminal cases   in the county, or the judges' designee, to appoint counsel for   indigent defendants in the county;                (2)  apply to each appointment of counsel made by a   judge or the judges' designee in the county;                (3)  ensure that each indigent defendant in the county   who is charged with a misdemeanor punishable by confinement or with   a felony and who appears in court without counsel has an opportunity   to confer with appointed counsel before the commencement of   judicial proceedings;                (4)  require appointments for defendants in capital   cases in which the death penalty is sought to comply with any   applicable requirements under Articles 11.071 and 26.052;                (5)  ensure that each attorney appointed from a public   appointment list to represent an indigent defendant perform the   attorney's duty owed to the defendant in accordance with the   adopted procedures, the requirements of this code, and applicable   rules of ethics; [and]                (6)  ensure that appointments are allocated among   qualified attorneys in a manner that is fair, neutral, and   nondiscriminatory; and                (7)  ensure that an appointment will not result in the   applicable attorney having a caseload that is larger than the   maximum allowable caseload established under Section 79.043,   Government Code.          SECTION 2.  Article 26.047(c), Code of Criminal Procedure,   is amended to read as follows:          (c)  The commissioners court or commissioners courts shall   require a written plan of operation from an entity operating a   program under this article. The plan of operation must include:                (1)  a budget for the program, including salaries;                (2)  a description of each personnel position,   including the program's director;                (3)  the maximum allowable caseload for each attorney   appointed by the program, not to exceed the maximum allowable   caseload established under Section 79.043, Government Code;                (4)  provisions for training personnel of the program   and attorneys appointed under the program;                (5)  a description of anticipated overhead costs for   the program;                (6)  a policy regarding licensed investigators and   expert witnesses used by attorneys appointed under the program;                (7)  a policy to ensure that appointments are   reasonably and impartially allocated among qualified attorneys;   and                (8)  a policy to ensure that an attorney appointed   under the program does not accept appointment in a case that   involves a conflict of interest for the attorney that has not been   waived by all affected clients.          SECTION 3.  Subchapter C, Chapter 79, Government Code, is   amended by adding Section 79.043 to read as follows:          Sec. 79.043.  MAXIMUM ALLOWABLE CASELOAD FOR CRIMINAL   DEFENSE ATTORNEYS. (a)  The commission shall establish a maximum   allowable caseload for a criminal defense attorney that,   considering the attorney's total caseload, including appointments   made under Article 26.04, Code of Criminal Procedure, appointments   made under Title 3, Family Code, and other work, would allow the   attorney to give each criminal defendant the time and effort   necessary to ensure effective and diligent representation.          (b)  The commission shall revise the maximum allowable   caseload described by Subsection (a) as necessary.          (c)  The commission shall post the maximum allowable   caseload described by Subsection (a) on the commission's Internet   website.          (d)  The commission shall adopt rules to promote compliance   by each county in this state with the maximum allowable caseload   described by Subsection (a).  The commission shall impose a remedy   for noncompliance occurring in any county in which the commission   provided, for the preceding state fiscal year, grant funds under   Section 79.037 in an amount that equaled more than 50 percent of the   county's expenditures on indigent defense services for that year.          SECTION 4.  Not later than November 1, 2023, the Texas   Indigent Defense Commission shall establish and post on its   Internet website the maximum allowable caseload described by   Section 79.043, Government Code, as added by this Act.          SECTION 5.  The changes in law made by this Act apply only to   a criminal case in which the indictment or information is filed on   or after November 1, 2023.  A criminal case in which the indictment   or information was filed before November 1, 2023, is governed by the   law in effect immediately before the effective date of this Act, and   the former law is continued in effect for that purpose.          SECTION 6.  This Act takes effect September 1, 2023.