TITLE 1.ADMINISTRATION

Part 8. TEXAS JUDICIAL COUNCIL

Chapter 174. INDIGENT DEFENSE POLICIES AND STANDARDS

Subchapter A. MINIMUM CONTINUING LEGAL EDUCATION REQUIREMENTS

1 TAC §§174.1 - 174.4

The Task Force on Indigent Defense (Task Force) is a permanent Standing Committee of the Texas Judicial Council. The Task Force adopts new §§174.1 - 174.4, concerning the establishment of minimum training requirements for attorneys to represent indigent criminal defendants and juvenile respondents. The new sections are adopted without changes to the proposed text as published in the November 8, 2002, issue of the Texas Register (27 TexReg 10520). The Texas Judicial Council pursuant to §71.060(b), Government Code, ratified the new sections on April 1, 2003.

The new sections are adopted to establish minimum continuing legal education training requirements for attorneys to be eligible for appointment in criminal and juvenile cases. As an alternative to meeting the continuing legal education requirements, the rules allow an attorney to be currently certified in criminal or juvenile law by the Texas Board of Legal Specialization. The rule also allows another attorney to be appointed if no attorney who meets the continuing legal education or board certification requirements is available by the time an attorney must be appointed in the case.

No comments were received regarding adoption of the rules.

The new rules are adopted under the Texas Government Code §71.060(a)(2)(C). The Task Force interprets §71.060(a)(2) as authorizing the Task Force to develop policies and standards for providing legal representation to indigent defendants including qualification standards under which attorneys may qualify for appointment to represent indigent defendants. The Task Force further interprets §71.060(a)(2)(C) to authorize the Task Force to set specific qualification standards related to completion of minimum continuing legal education programs.

No other statutes, articles, or codes are affected by the adopted new rules.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 7, 2003.

Wesley Shackelford

Special Counsel to Task Force on Indigent Defense

Texas Judicial Council

Effective date: April 27, 2003

Proposal publication date: November 8, 2002

For further information, please call: (512) 936-6994

Part 9. STATE AIRCRAFT POOLING BOARD

Chapter 181. GENERAL PROVISIONS

1 TAC §181.12

The State Aircraft Pooling Board adopts the amendments to §181.12, concerning certain fuel and maintenance contracts in order to extend the fuel and hangar services of the board to state-elected officials for personal aircraft being used on state business. Section 181.12 is adopted without changes to the proposed text as published in the March 14, 2003, issue of the Texas Register (28 TexReg 2159)

The amendments to §181.12 are adopted to facilitate state-elected officials' time and access to state business in Austin. The public will benefit through the cost savings for services provided and time saved in conducting state business as a result of the administration of the rule.

No comments on the proposed rule amendments were received during the 30-day comment period.

The amendments are adopted under Texas Government Code, Title 10, Chapter 2205, §2205.010, which provides the board the authority to adopt rules for conducting business.

There are no other statutes, articles, or codes that will be affected by this adoption.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 14, 2003.

Executive Director

State Aircraft Pooling Board

Effective date: May 4, 2003

Proposal publication date: March 14, 2003

For further information, please call: (512) 936-8900