Bill Text: TX HB1445 | 2025-2026 | 89th Legislature | Introduced

Texas House Bill 1445

Introduced

Bill Title: Relating to the compensation of counsel appointed to provide representation and services to indigent individuals in criminal and juvenile proceedings.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-11-21 - Filed [HB1445 Detail]

Download: Texas-2025-HB1445-Introduced.html

	89R3508 AJZ-F

	By: Hernandez	H.B. No. 1445



	A BILL TO BE ENTITLED
	AN ACT
	relating to the compensation of counsel appointed to provide
	representation and services to indigent individuals in criminal and
	juvenile proceedings.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Article 26.05(c), Code of Criminal Procedure, is
	amended to read as follows:
	(c) Each fee schedule adopted shall state reasonable fixed
	rates or minimum and maximum hourly rates, taking into
	consideration reasonable and necessary overhead costs and the
	availability of qualified attorneys willing to accept the stated
	rates, and shall provide a form for the appointed counsel to itemize
	the types of services performed. No payment shall be made under
	this article until the form for itemizing the services performed is
	submitted to the judge presiding over the proceedings or, if the
	county operates a managed assigned counsel program under Article
	26.047, to the director of the program or the director's designee,
	and until the judge or the director or director's designee, as
	applicable, approves the payment. If the judge or the director or
	director's designee disapproves the requested amount of payment,
	the judge or the director or director's designee shall make written
	findings stating the amount of payment that the judge or the
	director or director's designee approves and each reason for
	approving an amount different from the requested amount. An
	attorney whose request for payment is disapproved or is not
	otherwise acted on by the 60th day after the date the request for
	payment is submitted may appeal the disapproval or failure to act by
	filing a motion with the presiding judge of the administrative
	judicial region. On the filing of a motion, the presiding judge of
	the administrative judicial region shall review the disapproval of
	payment or failure to act and determine the appropriate amount of
	payment. In reviewing the disapproval or failure to act, the
	presiding judge of the administrative judicial region may conduct a
	hearing. Not later than the 45th day after the date an application
	for payment of a fee is submitted under this article, the
	commissioners court shall pay to the appointed counsel the amount
	that is approved by the presiding judge of the administrative
	judicial region and that is in accordance with the fee schedule for
	that county.
	SECTION 2. Article 26.05(c), Code of Criminal Procedure, as
	amended by this Act, applies only to expenses incurred by an
	attorney on or after the effective date of this Act.
	SECTION 3. This Act takes effect September 1, 2025.