TITLE 1. ADMINISTRATION

DIVISION 2. POLICY MONITORING PROCESS AND BENCHMARKS

1 TAC §174.28

The Texas Indigent Defense Commission (TIDC) is a permanent Standing Committee of the Texas Judicial Council. TIDC adopts amendments to Texas Administrative Code, Title 1, Part 8, Chapter 174, Subchapter C, Division 2, §174.28, concerning On-Site Monitoring Process. Section 174.28 is adopted without changes to the proposed text as published in the April 24, 2026 issue of the Texas Register (51 TexReg 2553). This rule will not be republished.

EXPLANATION OF PROPOSED AMENDMENTS

The adopted amendment to §174.28(c)(4)(B) directs monitoring staff to review cases in which the State filed an appeal under Article 44.01(a)(7), Code of Criminal Procedure, of the amount of bail set by a court. Staff shall examine each case containing a request for the appointment of counsel. The monitor shall make a finding if any request for counsel made before, on, or after the date the State filed its notice of appeal was not ruled upon by the earlier of the date required by Article 1.051(c), Code of Criminal Procedure, or when the State files its brief in the case.

The adopted amendment to §174.28(c)(4)(C) directs monitoring staff to review cases in which the State sought to deny a defendant bail under Section 11d, Article 1, Texas Constitution, and determine which of those cases contains a request for the appointment of counsel. The monitor shall make a finding if the monitor determines that any such requests were not ruled upon (either the appointment of counsel or denial of indigence) and counsel not appointed and present at the hearing.

The following comment was received regarding the adoption of the amendments:

Comment: The Deason Criminal Justice Reform Center at SMU's Dedman School of Law supports adopting the proposed amendment to Rule §174.28(c)(4) to require TIDC monitoring of timely appointment of counsel for both prosecutorial bail amount appeals and bail denial hearings. The comment notes the importance of counsel to represent a defendant in prosecutorial bail appeals and bail denial hearings, as well as ongoing delays in the appointment of counsel generally.

Response: TIDC notes the commenters support for the proposed amendments.

STATUTORY AUTHORITY

The amendments are adopted under the Texas Government Code §79.037(a) and (b), which requires TIDC to monitor the effectiveness of the county's indigent defense policies, standards, and procedures and to ensure compliance by the county with the requirements of state law relating to indigent defense.

No other statutes, articles, or codes are affected by the adopted amendments.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 23, 2026.

TRD-202602584

Wesley Shackelford

Deputy Director

Texas Judicial Council

Effective date: July 13, 2026

Proposal publication date: April 24, 2026

For further information, please call: (737) 279-9208

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