Part 1.
OFFICE OF THE GOVERNOR
Chapter 5.
BUDGET AND PLANNING OFFICE
Subchapter B. STATE AND LOCAL REVIEW OF FEDERAL AND STATE ASSISTANCE APPLICATIONS
1.
INTRODUCTION AND GENERAL PROVISIONS OF TEXAS REVIEW AND COMMENT SYSTEM
1 TAC §5.195
The Office of the Governor proposes amendments to 1 TAC §5.195,
concerning the Texas Review and Comment System. The proposed changes add 25
new programs for review and delete 20 programs that no longer exist or are
no longer of widespread interest and conform program numbers to current listings
in the Catalog of Federal Domestic Assistance. The programs proposed to be
added and deleted are based on responses received from all state agencies
with Texas Review and Comment System coordinators.
Denise S. Francis, State Single Point of Contact, has determined that for
the first five-year period the amendments are in effect there will be no fiscal
implications for state or local governments as a result of enforcing or administering
the amended section.
Ms. Francis has also determined that for each year of the first five years
the amendments are in effect the public benefits anticipated as a result of
enforcing or administering the amended section will be a more effective use
of public and financial resources and increased information sharing and coordination
among affected governmental entities. There will be no effect on small businesses.
There is no anticipated economic costs to persons who are required to comply
with the amendments as proposed.
Comments on the proposal may be submitted to Denise S. Francis, State Single
Point of Contact, Office of the Governor, Budget, Planning and Policy Division,
P.O. Box 12428, Austin, Texas 78711, (512) 463-8465, dfrancis@governor.state.tx.us
for a period of 30 days following publication.
The amendments are proposed under Government Code, Title 7, §772.004
and §772.005, and the Local Government Code, Chapter 391 (§391.008),
which authorizes the Office of the Governor to provide for review of state
and local applications for grant and loan assistance and to establish policies
and guidelines for review and comment. Chapter 391 of the Local Government
Code requires certain applicants for state or federal assistance to submit
their applications for review to the appropriate regional planning commissions
and directs the governor to issue guidelines for carrying out such reviews.
No statutes are affected by these amendments
§5.195.Program Coverage.
(a) - (b)
(No change.)
(c)
Federal programs included for review under TRACS pursuant
to these laws, plus selected other activities, including all direct federal
and state development not specifically excluded by law, are shown, respectively,
in Tables I and II. Copies of these tables may be obtained from Ms. Denise
S. Francis, State Single Point of Contact, Office of the Governor, Budget,
Planning and Policy Division, Post Office Box 12428, Austin, Texas 78711-2428
or dfrancis@governor.state.tx.us. As required by state law (Government Code, §772.005),
all state agencies must notify the Office of the Governor when applying for
federal funds.
This agency hereby certifies that the proposal 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 June 1, 2006.
TRD-200602998
Katherine Knight
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: July 16, 2006
For further information, please call: (512) 463-3471
Chapter 174.
INDIGENT DEFENSE POLICIES AND STANDARDS
Subchapter B. CONTRACT DEFENDER PROGRAM REQUIREMENTS
The Task Force on Indigent Defense (Task Force) is a permanent Standing
Committee of the Texas Judicial Council. The Task Force proposes new §§174.10
- 174.25, concerning the establishment of contract defender program requirements.
The new sections are proposed to establish minimum requirements for the use
of contract defender programs to provide indigent defense services. The rules
provide for an open attorney application and selection process by the judges
or juvenile board in whose court the attorney will serve. The rules also require
that certain specific items be included in a contract for indigent defense
services and the contract be approved by the county.
Glenna Rhea Bowman, Chief Financial Officer of the Office of Court Administration,
has determined that for each year of the first five years the proposed sections
are in effect, enforcing or administering the sections could have a minimal
fiscal impact on local governments that choose to implement or modify procedures
to align with the proposed rules. The sections do not have any foreseeable
implications relating to cost or revenues of state government.
Ms. Bowman has determined that there will be no material economic costs
to persons who are required to comply with the new sections, nor do the proposed
sections have any anticipated adverse effect on small or micro-businesses.
Jim Bethke, Director of the Task Force, has also determined that for each
of the first five-year period the rules are in effect the public benefit will
be an improvement in the quality of indigent defense services because a broader
range of qualified attorneys will have the opportunity to apply to provide
indigent defense services under a contract.
Comments on the proposed new sections may be submitted in writing to Wesley
Shackelford, Special Counsel, Task Force on Indigent Defense, P.O. Box 12066,
Austin, Texas 78711-2066, or by fax to (512) 475-3450 no later than 30 days
from the date that the proposal is published in the
Texas Register
.
1.
DEFINITIONS
1 TAC §174.10
The new section is proposed under the Texas Government Code §71.060(a)(7).
The Task Force interprets §71.060(a)(7) as authorizing the Task Force
to develop policies and standards for providing legal representation to indigent
defendants under a contract defender program.
No other statutes, articles, or codes are affected by the proposed section.
§174.10.Subchapter Definitions.
The following words and terms when used in this subchapter shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Appointing Authority. The appointing authority is the:
(A)
Judge or judges who have authority to establish an indigent
defense plan and approve attorneys to represent indigent defendants in criminal
cases under Article 26.04, Code of Criminal Procedure; and/or
(B)
Juvenile board that has authority to establish an indigent
defense plan and approve attorneys to represent indigent respondents in juvenile
cases under §51.102, Family Code.
(2)
Contract Defender Program. Contract defender program means
a system under which private attorneys, acting as independent contractors
and compensated with public funds, are engaged to provide legal representation
and services to a group of unspecified indigent defendants who appear before
a particular court or group of courts.
(3)
Contracting Authority. The contracting authority is the
county or counties that have the authority to conclude a contract and to obligate
funds for the provision of indigent defense services.
(4)
Contractor. The contractor is an attorney, law firm, professional
association, lawyer's association, law school, bar association, non-profit
organization or other entity that can be bound by contract.
(5)
Itemized Fee Voucher. An itemized fee voucher is any instrument,
such as an invoice, that details services provided by a contractor providing
indigent defense services. The itemized fee voucher may be in paper or electronic
form. It shall include at a minimum all the information necessary for the
county auditor or other designated official to complete the expenditure report
required to be submitted to the Office of Court Administration by §71.0351,
Government Code.
This agency hereby certifies that the proposal 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 May 31, 2006.
TRD-200602984
Wesley Shackelford
Special Counsel
Texas Judicial Council
Earliest possible date of adoption: July 16, 2006
For further information, please call: (512) 936-6994
1 TAC §§174.11 - 174.14
The new sections are proposed under the Texas Government Code §71.060(a)(7).
The Task Force interprets §71.060(a)(7) as authorizing the Task Force
to develop policies and standards for providing legal representation to indigent
defendants under a contract defender program.
No other statutes, articles, or codes are affected by the proposed sections.
§174.11.Application of Subchapter.
This subchapter applies to all contract defender programs. This subchapter
does not apply to public defender programs established and governed by Chapter
26, Code of Criminal Procedure.
§174.12.Application Process.
The appointing authority shall solicit and select contractors in accordance
with the procedure governing alternative appointment programs contained in
Article 26.04, Code of Criminal Procedure.
(1)
Notification. The notification of the opportunity to apply
(NOA) to be a contractor shall be distributed in a manner that reasonably
covers all practicing members of the bar within the county or other region
designated by the appointing authority. The notification shall inform attorneys
of all requirements for submitting applications.
(2)
Opportunity to Respond. All potential contractors shall
have the same opportunity to respond to the NOA and be considered for the
award of a contract.
(3)
Application. All applications must be submitted in writing
and shall be maintained by the appointing authority or contracting authority
in accordance with the Texas State Library and Archives Commission Retention
Schedule for Local Records- Local Schedule GR.
§174.13.Application Review Process.
Following the review of all applications the appointing authority shall
by a majority vote select contractor(s), specify the types of cases each contractor
is qualified to handle, and authorize the contracting authority to enter into
a contract. The attorneys associated with the selected contractor(s) must
meet the attorney qualification requirements contained in the indigent defense
procedures adopted pursuant to Article 26.04, Code of Criminal Procedure.
If the contract does not exclude capital cases in which the death penalty
is sought, the attorneys associated with the selected contractor(s) must also
meet the attorney qualifications set by the regional selection committee and
be approved by the regional selection committee to represent clients in capital
cases. The appointing authority shall consider at least the following factors
when evaluating applications:
(1)
Experience and qualifications of the applicant;
(2)
Applicant's past performance in representing defendants
in criminal cases;
(3)
Applicant's disciplinary history with the state bar;
(4)
Applicant's ability to comply with the terms of the contract;
and
(5)
Cost of the services under the contract.
§174.14.Awarding the Contract.
In accordance with Article 26.04(h), Code of Criminal Procedure, the
contracting authority may approve the recommended contractor(s) and enter
into a contract for services. The contracting authority shall enter into a
contract only if it complies with these standards and all applicable law governing
professional services contracts entered into by counties. A contract shall
not be awarded solely on the basis of cost.
This agency hereby certifies that the proposal 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 May 31, 2006.
TRD-200602985
Wesley Shackelford
Special Counsel
Texas Judicial Council
Earliest possible date of adoption: July 16, 2006
For further information, please call: (512) 936-6994
Part 8.
TEXAS JUDICIAL COUNCIL
2.
APPLICATION OF STANDARDS AND CONTRACTING PROCEDURES
3.
REQUIRED ELEMENTS OF A CONTRACT FOR INDIGENT DEFENSE SERVICES (EACH COMPONENT BELOW SHALL BE INCLUDED IN A CONTRACT FOR INDIGENT DEFENSE SERVICES AND SHALL SERVE AS THE BASIS FOR THE NOA)