The commission must provide technical support, award and monitor grants, and the board must adopt fair distribution policies. Counties may not cut their indigent defense or family protection funding because they receive commission funds.
Sec. 79.037. TECHNICAL SUPPORT; GRANTS. (a) The commission shall: (1) provide technical support to: (A) assist counties in improving their systems for providing indigent defense services, including indigent defense support services; (B) assist counties in improving their systems for providing family protection services; and (C) promote compliance by counties with the requirements of state law relating to indigent defense and family protection services; (2) to assist a county in providing or improving the provision of indigent defense services and family protection services in the county, distribute in the form of grants any funds appropriated for the purposes of this section to one or more of the following entities: (A) the county; (B) a law school's legal clinic or program that provides indigent defense services in the county; (C) a regional public defender that meets the requirements of Subsection (e) and provides indigent defense services in the county; (D) an entity described by Section 791.013 that provides to a county administrative services under an interlocal contract entered into for the purpose of providing or improving the provision of indigent defense services or family protection services in the county; (E) a nonprofit corporation that provides indigent defense services, indigent defense support services, or family protection services in the county; and (F) an office of child representation or office of parent representation created under Subchapter G, Chapter 107, Family Code; and (3) monitor each entity that receives a grant under Subdivision (2) and enforce compliance with the conditions of the grant, including enforcement by: (A) withdrawing grant funds; or (B) requiring reimbursement of grant funds by the entity. (b) The commission shall determine for each county the entity or entities that are eligible to receive funds for the provision of or improvement in the provision of indigent defense services or family protection services under Subsection (a)(2). The determination must be made based on the entity's: (1) compliance with standards adopted by the board; and (2) demonstrated commitment to compliance with the requirements of state law relating to indigent defense or family protection services. (c) The board shall adopt policies to ensure that funds under Subsection (a)(2) are allocated and distributed in a fair manner. (d) A county may not reduce the amount of funds provided for indigent defense services or family protection services in the county because of funds provided by the commission under this section. (e) The commission may distribute funds under Subsection (a)(2) to a regional public defender's office formed under Article 26.044, Code of Criminal Procedure, if: (1) the regional public defender's office serves two or more counties; (2) each county that enters an agreement to create or designate and to jointly fund the regional public defender's office satisfies the commission that the county will timely provide funds to the office for the duration of the grant for at least half of the office's operational costs; (3) each participating county by local rule adopts and submits to the commission guidelines under Article 26.04(f), Code of Criminal Procedure, detailing the types of cases to be assigned to the office; and (4) each participating county and the regional public defender's office agree in writing to a method that the commission determines to be appropriate under Subsection (f) to pay all costs associated with the defense of cases assigned to the office that remain pending in the county after the termination of the agreement or the county's participation in the agreement. (f) The commission shall select, by rule or under a contract with a regional public defender's office, a method for the payment of costs under Subsection (e)(4), which may include any combination of the following: (1) allowing an office to establish and maintain a reserve of funds sufficient to cover anticipated costs, in an amount determined appropriate by the commission; (2) guaranteeing all or part of the costs to be paid; or (3) establishing a schedule of fees for the payment of costs in the manner provided by Article 26.05, Code of Criminal Procedure. (g) Any change to a schedule of fees established under Subsection (f)(3) must first be approved by the commission. (h) A regional public defender's office shall collect each participating county's portion of the operational costs as that portion is provided by the county to the office. Added by Acts 2011, 82nd Leg., R.S., Ch. 984 (H.B. 1754), Sec. 1, eff. September 1, 2011. Amended by: Acts 2015, 84th Leg., R.S., Ch. 56 (S.B. 1353), Sec. 1, eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 476 (S.B. 1057), Sec. 2, eff. September 1, 2015. Acts 2021, 87th Leg., R.S., Ch. 477 (H.B. 295), Sec. 1, eff. September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. 477 (H.B. 295), Sec. 2, eff. September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. 477 (H.B. 295), Sec. 3, eff. September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. 477 (H.B. 295), Sec. 5, eff. September 1, 2021. Acts 2023, 88th Leg., R.S., Ch. 965 (S.B. 2120), Sec. 6, eff. September 1, 2023.