Section 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: (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) Repealed by Acts 2021, 87th Leg., R.S., Ch. 477 (H.B. 295), Sec. 5, eff. September 1, 2021.(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.Tex. Gov't. Code § 79.037
Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 965,Sec. 6, eff. 9/1/2023.Amended by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 477,Sec. 2, eff. 9/1/2021.Amended by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 477,Sec. 5, eff. 9/1/2021.Amended by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 477,Sec. 3, eff. 9/1/2021.Amended by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 477,Sec. 1, eff. 9/1/2021.Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 476,Sec. 2, eff. 9/1/2015.Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 56,Sec. 1, eff. 9/1/2015.Added by Acts 2011, 82nd Leg., R.S., Ch. 984, Sec. 1, eff. 9/1/2011.