82nd Legislative Session Summary

General Appropriations

During the 82nd Legislature’s Regular Session, the general appropriations bill or HB 1 reduced funding for indigent defense to $54,674,013 for the biennium ($27.3 million each year), which reflects $8.6 million in cuts over the biennium, 10% reduction of administrative budget over the biennium ($174,100), and the loss of one FTE (staff) position. During the First Called Session the legislature restored $7.6 million in funding, the administrative budget and FTE as part of SB 2. The legislature also continued to fund innocence projects at the four public law schools at $320,000 each year of the biennium ($80,000/school), while also providing $80,000 each year and one FTE for administration and coordination of the innocence projects.

• HB 1 - full bill and specific pages regarding Office of Court Administration, Indigent Defense, Office of Capital Writs (please go to pp. 506-511 & 523 of 921 in the PDF)
• Legislative Budget Board Summary of HB 1 Conference Committee Report
  SB 2, First Called Session
• Summaries of HB 1754, SB 1681, SB 1308.
• Interim Hearings and Reports:
  • Senate Committee on Criminal Justice
  • House Committee on Criminal Jurisprudence
• Texas Legislature Online
• Texas Judicial Council's legislative webpage
• Legislative Budget Board criminal justice webpage
• Other criminal justice organizations' legislative information
• Legislative recommendations developed by the Task Force on Indigent Defense
• Resolutions approved by Texas Judicial Council re legislative proposals
• Legislative Policy of the Commission
• For all other legislative inquires, email Wesley Shackelford, Special Counsel/Deputy Director, or call him at 512.936.6997
• Texas indigent defense legislative information from previous sessions:
  • 81st Legislature
  • 80th Legislature
  • 79th Legislature

Below are the key passed bills related to indigent defense. HB 1754 is the omnibus indigent defense bill that includes the first four legislative recommendations from the Task Force on Indigent Defense. This list also includes two bills related to recommendations from the Timothy Cole Advisory Panel on Wrongful Convictions (HB 215 and SB 122):

HB 215  

Gallego
Ellis

Relating to photograph and live lineup identification procedures in criminal cases.

Last Action:

5-21-11 G Sent to the Governor

HB 1754  

Gallego
Ellis

Relating to the reorganization of powers and duties among entities in this state that provide representation to indigent defendants in criminal cases and to the reorganization of funding sources for indigent defense.

Last Action:

5-30-11 G Sent to the Governor

SB 122  

Ellis
Gallego

Relating to postconviction forensic DNA analysis.

Last Action:

5-24-11 G Sent to the Governor

SB 1308  

Seliger
McClendon

Relating to the standards for attorneys representing indigent defendants in capital cases.

Last Action:

5-26-11 G Sent to the Governor

SB 1681  

Ellis
Thompson

Relating to the appointment of counsel and the rights of an accused and other requirements for the purposes of appellate proceedings or community supervision revocation proceedings.

Last Action:

5-26-11 G Sent to the Governor