SB2009 - Relating to the compensation of counsel appointed to provide representation and services to indigent individuals in criminal and juvenile proceedings.

      By: Campbell, King  S.B. No. 2009          (In the Senate - Filed March 6, 2025; March 17, 2025, read   first time and referred to Committee on Criminal Justice;   May 5, 2025, reported favorably by the following vote:  Yeas 7,   Nays 0; May 5, 2025, sent to printer.) Click here to see the committee vote     A BILL TO BE ENTITLED   AN ACT     relating to the compensation of counsel appointed to provide   representation and services to indigent individuals in criminal and   juvenile proceedings.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 26.05(c), Code of Criminal Procedure, is   amended to read as follows:          (c)  Each fee schedule adopted shall state reasonable fixed   rates or minimum and maximum hourly rates, taking into   consideration reasonable and necessary overhead costs and the   availability of qualified attorneys willing to accept the stated   rates, and shall provide a form for the appointed counsel to itemize   the types of services performed. No payment shall be made under   this article until the form for itemizing the services performed is   submitted to the judge presiding over the proceedings or, if the   county operates a managed assigned counsel program under Article   26.047, to the director of the program or the director's designee ,   and until the judge or the director or director's designee , as   applicable, approves the payment. If the judge or the director or   director's designee disapproves the requested amount of payment,   the judge or the director or director's designee shall make written   findings stating the amount of payment that the judge or the   director or director's designee approves and each reason for   approving an amount different from the requested amount. An   attorney whose request for payment is disapproved or is not   otherwise acted on by the 60th day after the date the request for   payment is submitted may appeal the disapproval or failure to act by   filing a motion with the presiding judge of the administrative   judicial region. On the filing of a motion, the presiding judge of   the administrative judicial region shall review the disapproval of   payment or failure to act and determine the appropriate amount of   payment. In reviewing the disapproval or failure to act, the   presiding judge of the administrative judicial region may conduct a   hearing. Not later than the 45th day after the date an application   for payment of a fee is submitted under this article, the   commissioners court shall pay to the appointed counsel the amount   that is approved by the presiding judge of the administrative   judicial region and that is in accordance with the fee schedule for   that county.          SECTION 2.  Article 26.05(c), Code of Criminal Procedure, as   amended by this Act, applies only to expenses incurred by an   attorney on or after the effective date of this Act.          SECTION 3.  This Act takes effect September 1, 2025.     * * * * *