TITLE 1. ADMINISTRATION

DIVISION 2. APPLICATION OF STANDARDS AND CONTRACTING PROCEDURES

1 TAC §174.11

The Texas Indigent Defense Commission (Commission) is a permanent Standing Committee of the Texas Judicial Council. The Commission proposes an amendment to §174.11, concerning Contract Defender Program Requirements.

EXPLANATION OF PROPOSED AMENDMENT

The proposed amendment to §174.11 would require the court or courts to specify the maximum annual appointed caseloads or workloads for contract defender programs of one week or less in the indigent defense plan. The amendment is proposed because the Commission finds recurring short-term contracts, often called term assignment systems, to a small number of attorneys lead to an uneven distribution of appointments among available attorneys, as well as excessive caseloads. This proposed amendment is intended to reduce excessive attorney caseloads and lead to a fairer distribution of appointments.

FISCAL NOTE

Mr. Scott Ehlers, Executive Director, Texas Indigent Defense Commission, has determined that for each year of the first five years the proposed amendments are in effect, enforcing or administering the sections will have no fiscal impact on state or local governments.

PUBLIC BENEFIT AND COSTS

Mr. Ehlers has determined that for each of the first five-year period the amendment is in effect the public benefit will be an improvement in the indigent defense services by helping the Commission assure the requirements of federal and state law related to indigent defense are followed. There are no anticipated economic costs to persons required to comply with the proposed amendments. There will be no adverse economic effect on small businesses, micro-businesses, or rural communities, therefore, preparation of an economic impact statement and a regulatory flexibility analysis is not required.

GOVERNMENT GROWTH IMPACT STATEMENT

Mr. Ehlers has determined that for each year of the first five years in which the proposed amendments are in effect, the amendment will have the following effect on government growth. The proposed amendment will not create or eliminate any government programs or employee positions. Additionally, the proposed amendment will not require an increase or decrease in future legislative appropriations to the Commission or change any fees paid to the Commission. The proposed amendment does not create a new regulation. The proposed amendment expands certain existing regulations, including by providing that courts that have attorneys providing legal representation to indigent defendants under contract periods of one week or less shall set a maximum annual caseload or workload for such attorneys. The proposed amendments would not repeal any rules, nor increase or decrease the number of individuals subject to the applicability of the rules. The proposed amendment is not anticipated to affect this state's economy.

SUBMITTAL OF COMMENTS

Comments on the proposed amendment may be submitted in writing to Wesley Shackelford, Deputy Director, Texas Indigent Defense Commission, 209 West 14th Street, Room 202, Austin, Texas 78701 or by email to wshackelford@tidc.texas.gov no later than 30 days from the date that the proposed amendment is published in the Texas Register.

STATUTORY AUTHORITY

The amendment is proposed under the Texas Government Code §79.034(a-1)(8), which authorizes the Commission to develop policies and standards for providing legal representation to indigent defendants under a contract defender program.

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

§ 174.11. Application of Subchapter.

This subchapter applies to all contract defender programs in which legal representation is provided for a period of more than one week. Contract defender programs for terms of one week or less are governed by the alternative appointment programs provisions in Article 26.04(g)-(h) and subject to §174.28(c)(5) related to the distribution of appointments in assigned counsel systems. In a county or counties with a contract defender program of one week or less in duration, the countywide procedures adopted under Art. 26.04(a), Code of Criminal Procedure, shall set the maximum annual number of appointed cases or workload for each attorney at the applicable offense level (felony, misdemeanor, juvenile). This subchapter does not apply to public defender or managed assigned counsel programs established and governed by Chapter 26, Code of Criminal Procedure.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 30, 2025.

TRD-202502179

Wesley Shackelford

Deputy Director

Texas Judicial Council

Earliest possible date of adoption: August 17, 2025

For further information, please call: (512) 936-6994

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