Bill Text: TX HB1317 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the compensation of certain court-appointed attorneys.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-04-29 - Left pending in committee [HB1317 Detail]
Download: Texas-2019-HB1317-Introduced.html
86R7889 SCL-D | ||
By: Moody | H.B. No. 1317 |
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relating to the compensation of certain court-appointed attorneys. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle G, Title 2, Government Code, is amended | ||
by adding Chapter 85 to read as follows: | ||
CHAPTER 85. ATTORNEY COMPENSATION | ||
Sec. 85.001. COMPENSATION OF CERTAIN COURT-APPOINTED | ||
ATTORNEYS. (a) Except as provided by Subsection (b), a court shall | ||
pay an attorney appointed by the court, including a special | ||
prosecutor or attorney pro tem, the amount agreed to by the court | ||
and attorney at the time of the attorney's appointment if: | ||
(1) the court and attorney enter into a written | ||
compensation agreement; and | ||
(2) the amount of the attorney's compensation is not | ||
otherwise established by law. | ||
(b) A court may pay a court-appointed attorney an amount | ||
less than the amount described by Subsection (a) if the court finds | ||
that the attorney: | ||
(1) breached the attorney's duties by performing in an | ||
unreasonable manner the services for which the court appointed the | ||
attorney; or | ||
(2) failed to perform the services for which the court | ||
appointed the attorney. | ||
Sec. 85.002. SUIT TO RECOVER COMPENSATION. If a court fails | ||
to pay the attorney the amount required under Section 85.001, the | ||
attorney may file suit to recover that amount against: | ||
(1) this state if the court is a district court or an | ||
appellate court of this state; | ||
(2) the county if the court is a county court or | ||
statutory county court of the county; or | ||
(3) the municipality if the court is a municipal court | ||
or municipal court of record of the municipality. | ||
Sec. 85.003. WAIVER OF IMMUNITY. Sovereign or governmental | ||
immunity to suit and liability is waived and abolished to the extent | ||
of liability created under Section 85.002. | ||
SECTION 2. This Act takes effect September 1, 2019. |