HB4221 - Relating to the policies and standards of the Texas Indigent Defense Commission applicable to the provision of indigent defense services or family protection services.

  89R4060 RAL-F     By: Morales of Maverick H.B. No. 4221       A BILL TO BE ENTITLED   AN ACT   relating to the policies and standards of the Texas Indigent   Defense Commission applicable to the provision of indigent defense   services or family protection services.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 79.034(a-1), Government Code, is amended   to read as follows:          (a-1)  The policies and standards must [ may ] include:                (1)  performance standards for counsel appointed to   represent indigent individuals;                (2)  qualification standards under which attorneys may   qualify for appointment to represent:                      (A)  indigent defendants, including:                            (i)  qualifications commensurate with the   seriousness of the nature of the proceeding;                            (ii)  qualifications appropriate for   representation of mentally ill defendants and noncitizen   defendants;                            (iii)  successful completion of relevant   continuing legal education programs approved by the council; and                            (iv)  testing and certification standards;   or                      (B)  indigent parents and children in suits filed   by the department, including:                            (i)  qualifications appropriate for   representing an indigent parent;                            (ii)  qualifications appropriate for   representing a child;                            (iii)  successful completion of relevant   continuing legal education programs required by law or the State   Bar of Texas and approved by the council; and                            (iv)  testing and certification standards;                (3)  standards for ensuring appropriate appointed   caseloads for counsel appointed to represent indigent individuals;                (4)  standards for determining whether a person accused   of a crime or juvenile offense or named in a suit filed by the   department is indigent;                (5)  policies and standards governing the organization   and operation of an assigned counsel program;                (6)  policies and standards governing the organization   and operation of a public defender's office consistent with   recognized national policies and standards;                (7)  policies and standards governing the organization   and operation of an office of child representation or office of   parent representation consistent with recognized national policies   and standards;                (8)  standards for providing indigent defense services   or family protection services under a contract defender program   consistent with recognized national policies and standards;                (9)  standards governing the reasonable compensation   of counsel appointed to represent indigent individuals;                (10)  standards governing the availability and   reasonable compensation of providers of indigent defense support   services or family protection services for counsel appointed to   represent indigent individuals;                (11)  standards governing the operation of a legal   clinic or program that provides legal services to indigent   individuals and is sponsored by a law school approved by the supreme   court;                (12)  policies and standards governing the appointment   of attorneys to represent children in proceedings under Title 3,   Family Code;                (13)  policies and standards governing the appointment   of attorneys to represent indigent parents and children in   proceedings with the department under Title 5, Family Code;                (14)  policies and standards governing the   organization and operation of a managed assigned counsel program   consistent with nationally recognized policies and standards; and                (15)  other policies and standards for providing   indigent defense services and family protection services as   determined by the commission to be appropriate.          SECTION 2.  As soon as practicable after the effective date   of this Act, the Texas Indigent Defense Commission shall revise the   policies and standards developed under Section 79.034(a),   Government Code, as necessary to conform to Section 79.034(a-1),   Government Code, as amended by this Act.          SECTION 3.  This Act takes effect September 1, 2025.