Texas Code of Criminal Procedure - Article 26.05. Compensation Of Counsel Appointed To Defend

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Art. 26.05. [494A] COMPENSATION OF COUNSEL APPOINTED TO 
DEFEND.  (a) A counsel, other than an attorney with a public 
defender, appointed to represent a defendant in a criminal 
proceeding, including a habeas corpus hearing, shall be paid a 
reasonable attorney's fee for performing the following services, 
based on the time and labor required, the complexity of the case, 
and the experience and ability of the appointed counsel:
	(1)  time spent in court making an appearance on behalf of 
the defendant as evidenced by a docket entry, time spent in trial, 
and time spent in a proceeding in which sworn oral testimony is 
elicited;
	(2)  reasonable and necessary time spent out of court on the 
case, supported by any documentation that the court requires;
	(3)  preparation of an appellate brief and preparation and 
presentation of oral argument to a court of appeals or the Court of 
Criminal Appeals;  and
	(4)  preparation of a motion for rehearing.                                    
	(b)  All payments made under this article shall be paid in 
accordance with a schedule of fees adopted by formal action of the 
judges of the county courts, statutory county courts, and district 
courts trying criminal cases in each county.  On adoption of a 
schedule of fees as provided by this subsection, a copy of the 
schedule shall be sent to the commissioners court of the county.
	(c)  Each fee schedule adopted shall state reasonable fixed 
rates or minimum and maximum hourly rates, taking into 
consideration reasonable and necessary overhead costs and the 
availability of qualified attorneys willing to accept the stated 
rates, and shall provide a form for the appointed counsel to itemize 
the types of services performed. No payment shall be made under this 
article until the form for itemizing the services performed is 
submitted to the judge presiding over the proceedings and the judge 
approves the payment.  If the judge disapproves the requested 
amount of payment, the judge shall make written findings stating 
the amount of payment that the judge approves and each reason for 
approving an amount different from the requested amount.  An 
attorney whose request for payment is disapproved may appeal the 
disapproval by filing a motion with the presiding judge of the 
administrative judicial region.  On the filing of a motion, the 
presiding judge of the administrative judicial region shall review 
the disapproval of payment and determine the appropriate amount of 
payment.  In reviewing the disapproval, the presiding judge of the 
administrative judicial region may conduct a hearing.  Not later 
than the 45th day after the date an application for payment of a fee 
is submitted under this article, the commissioners court shall pay 
to the appointed counsel the amount that is approved by the 
presiding judge of the administrative judicial region and that is 
in accordance with the fee schedule for that county.
	(d)  A counsel in a noncapital case, other than an attorney 
with a public defender, appointed to represent a defendant under 
this code shall be reimbursed for reasonable and necessary 
expenses, including expenses for investigation and for mental 
health and other experts.  Expenses incurred with prior court 
approval shall be reimbursed in the same manner provided for 
capital cases by Articles 26.052(f) and (g), and expenses incurred 
without prior court approval shall be reimbursed in the manner 
provided for capital cases by Article 26.052(h).
	(e)  A majority of the judges of the county courts and 
statutory county courts or the district courts, as appropriate, 
trying criminal cases in the county may remove an attorney from 
consideration for appointment if, after a hearing, it is shown that 
the attorney submitted a claim for legal services not performed by 
the attorney.
	(f)  All payments made under this article shall be paid from 
the general fund of the county in which the prosecution was 
instituted or habeas corpus hearing held and may be included as 
costs of court.
	(g)  If the court determines that a defendant has financial 
resources that enable him to offset in part or in whole the costs of 
the legal services provided, including any expenses and costs, the 
court shall order the defendant to pay during the pendency of the 
charges or, if convicted, as court costs the amount that it finds 
the defendant is able to pay.
	(h)  Reimbursement of expenses incurred for purposes of 
investigation or expert testimony may be paid directly to a private 
investigator licensed under Chapter 1702, Occupations Code, or to 
an expert witness in the manner designated by appointed counsel and 
approved by the court.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  
Amended by Acts 1969, 61st Leg., p. 1054, ch. 347, Sec. 1, eff. May 
27, 1969;  Acts 1971, 62nd Leg., p. 1777, ch. 520, Sec. 1, eff. Aug. 
30, 1971;  Acts 1973, 63rd Leg., p. 1126, ch. 426, art. 3, Sec. 3, 
eff. June 14, 1973;  Acts 1981, 67th Leg., p. 803, ch. 291, Sec. 106, 
eff. Sept. 1, 1981;  Acts 1987, 70th Leg., ch. 979, Sec. 3, eff. 
Sept. 1, 1987.

Subsec. (f) added by Acts 1999, 76th Leg., ch. 837, Sec. 1, eff. 
Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 906, Sec. 8, 
eff. Jan. 1, 2002;  Subsec. (f) amended by Acts 2001, 77th Leg., ch. 
1420, Sec. 14.734, eff. Sept. 1, 2001.

Last modified: August 10, 2007