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Texas Code of Criminal Procedure - Article 26.055. Contribution From State For Defense Of Indigent Inmates

Legal Research Home > Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 26.055. Contribution From State For Defense Of Indigent Inmates

Art. 26.055. CONTRIBUTION FROM STATE FOR DEFENSE OF INDIGENT 
INMATES.  Sec. 1. (a) This article applies only to an attorney 
appointed under Article 26.05 of this code to defend an indigent 
inmate before August 1, 1990.
	(b)  A county in which a facility of the institutional 
division of the Texas Department of Criminal Justice, or a 
correctional facility authorized by Section 494.001, Government 
Code, is located shall pay from its general fund only the first $250 
of the aggregate sum allowed and awarded by the court for attorneys' 
fees under Article 26.05 toward defending an inmate committed to 
that facility who is being prosecuted for an offense committed in 
that county while in the custody of the department if the inmate was 
originally committed for an offense committed in another county.
	Sec. 2. If the fees awarded for court-appointed counsel in a 
case covered by Section 1 of this article exceed $250, the court 
shall certify the amount in excess of $250 to the Texas Board of 
Criminal Justice.  On request of the board, the comptroller shall 
issue a warrant to the court-appointed counsel in the amount 
certified to the board by the court.
	Sec. 3. (a) In the defense of a prosecution of an offense 
committed while the actor was an inmate in the custody of the 
institutional division of the Texas Department of Criminal Justice, 
the state shall reimburse a counsel appointed to defend the actor 
for expenses incurred by the counsel, in an amount that the court 
determines to be reasonable, for payment of:
	(1)  salaries and expenses of foreign language interpreters 
and interpreters for deaf persons whose services are necessary to 
the defense; 
	(2)  consultation fees of experts whose assistance is 
directly related to the defense; 
	(3)  travel expenses for witnesses;                                            
	(4)  compensation of witnesses;                                                
	(5)  the cost of preparation of a statement of facts and a 
transcript of the trial for purposes of appeal;  and
	(6)  food, lodging, and travel expenses incurred by the 
defense counsel and staff during travel essential to the defense, 
calculated on the same basis as expenses incurred by the 
prosecutor's staff related to essential travel are calculated.
	(b)  The trial court shall certify the amount of 
reimbursement for expenses under this section to the Texas Board of 
Criminal Justice.  On request of the board, the comptroller shall 
issue a warrant in that amount to the defense counsel or, if the 
board determines that the amount certified by the trial court is 
unreasonable, in an amount that the board determines to be 
reasonable.
	(c)  Notwithstanding anything to the contrary contained in 
this Act, the reimbursement for expenses submitted by the defense 
counsel shall not exceed the amount the county would pay for the 
same activity or service, if that activity or service was not 
reimbursed by the state.  The trial judge shall certify compliance 
with this paragraph on request by the Texas Board of Criminal 
Justice.

Acts 1975, 64th Leg., p. 168, ch. 72, Sec. 1, eff. Sept. 1, 1975.  
Amended by Acts 1985, 69th Leg., ch. 529, Sec. 2, eff. Sept. 1, 
1985;  Acts 1987, 70th Leg., ch. 1049, Sec. 52, eff. Sept. 1, 1987.

Amended by Acts 1990, 71st Leg., 6th C.S., ch. 15, Sec. 1, eff. June 
14, 1990.

Last modified: August 11, 2007