1 TAC §173.309
The Task Force on Indigent Defense (Task Force) is a permanent
Standing Committee of Texas Judicial Council. The Task Force adopts an amendment
to §173.309 on an emergency basis concerning permitting the Task Force
at its discretion to authorize extensions to grants awarded under the indigent
defense grant program, rather than only at the request of a grantee county
in accordance with §173.307(c)(3).
Chapter 173 establishes the guidelines for the administration of a new
grant program for counties to improve indigent defense services. The chapter
sets forth the general terms, conditions, criteria, and funding formula for
awarding these grants. Grants will aid counties to maintain, improve, and
enhance the delivery of indigent defense services, and will promote compliance
by counties with the requirements of state law and Task Force policies and
standards relating to indigent defense.
The adoption of the amendment on an emergency basis will ensure that counties
have sufficient time to expend grant funding awarded to counties in fiscal
year 2002. The funds were intended to cover at least part of the increased
costs associated with providing indigent defense services due to new statutory
requirements imposed by SB 7 passed by the 77th Texas Legislature. The grants
awarded to counties for fiscal year 2002 were made in July 2002 with the money
sent to the counties in August 2002. The grant award period for the grants
ended on September 30th, 2002. This date did not allow many counties enough
time to expend the grant funds within the initial grant period. This was due
to the newness of the program and the unfamiliarity on the part of some county
officials with the manner in which the funds could be expended and the types
of purchases that could be made with the funds. The new requirements imposed
by SB 7 became effective on January 1, 2002. At that time, counties began
incurring the increased costs associated with the new requirements. However,
there is a delay in the actual expenditure of funds by counties until the
submission and payment of bills from attorneys appointed to represent indigent
defendants. This often does not occur until a case is finally disposed. This
delay accounts for significant indigent defense costs remaining in the payment
pipeline but not expended prior to the expiration of the fiscal year 2002
grant period. Without the adoption of this amendment on an emergency basis,
many counties will have to return unspent funds to the Task Force although
most counties would have experienced increased expenditures for which the
grant funds were intended.
The amendment is adopted on an emergency basis under the authority
of Texas Government Code §71.062 (Technical Support; Grants), concerning
the grant and aid program, that provides the Task Force authority to provide
grants to assist counties to improve indigent defense practices in the state
and to promote compliance with state law concerning indigent defense practices.
The Task Force interprets Texas Government Code §71.062 to require the
Task Force to adopt by rule the guidelines for administering the grant program.
No other statutes, articles, or codes are affected by the amendment.
§173.309.Grant Termination.
(a)
The grant will terminate at the end of the date specified
in the grant award, unless an extension is granted in accordance with §173.307(c)(3)
or the Task Force otherwise decides to modify the grant period.
(b)
If a grantee wishes to terminate a grant in whole or in
part before the end of the grant period, the grantee must notify the Task
Force in writing. The Task Force or its designee will make arrangements with
the grantee for the early termination of the grant.
(c)
The Task Force may terminate any grant, in whole or in
part, when:
(1)
a grantee fails to comply with any term or condition of
the grant or the grantee has failed to comply with any applicable rule;
(2)
the grantee and the Director of the Task Force agree to
do so;
(3)
grant funds are no longer available; or
(4)
conditions exist that make it unlikely that grant or program
objectives will be accomplished.
This agency hereby certifies that the emergency adoption
has been reviewed by legal counsel and found to be within the agency's legal
authority to adopt.
Filed with the Office of
the Secretary of State on January 17, 2003.
TRD-200300314
Wesley Shackelford
Special Counsel
Texas Judicial Council
Effective Date: January 17, 2003
Expiration Date: June 7, 2003
For further information, please call: (512) 936-6994