Title GV, Government Code

Sec. 76.002. ESTABLISHMENT OF DEPARTMENTS. (a) The district judge or district judges trying criminal cases in each judicial district and the statutory county court judges trying criminal cases in the county or counties served by the judicial district shall: (1) establish a commun…

Sec. 76.003. COMMUNITY JUSTICE COUNCIL. (a) A community justice council may be established by the commissioners court of a county, unless a board or council that was in existence on September 1, 1991, is performing duties substantially similar to those imposed on a community just…

Sec. 76.004. DEPARTMENT DIRECTOR; FISCAL OFFICER. (a) After complying with the requirements of Subsection (h), the judges described by Section 76.002 shall appoint a department director who must meet, at a minimum, the eligibility requirements for officers established under Secti…

Sec. 76.0045. JUDICIAL RESPONSIBILITIES; IMMUNITY. (a) The responsibility of a judge described by Section 76.002 for personnel decisions is limited to the appointment of a department director and a fiscal officer. (b) The responsibility of a judge described by Section 76.002 for …

Sec. 76.005. STANDARDS FOR OFFICERS. (a) An officer appointed by the department director must comply with a code of ethics developed by the division. (b) To be eligible for appointment as an officer who supervises defendants placed on community supervision a person must have acqu…

Sec. 76.0051. AUTHORIZATION TO CARRY WEAPON. An officer is authorized to carry a weapon while engaged in the actual discharge of the officer's duties only if: (1) the officer possesses a certificate of firearms proficiency issued by the Texas Commission on Law Enforcement under S…

Sec. 76.006. EMPLOYEE STATUS AND BENEFITS. (a) Except as provided by Subsection (c), department employees are not state employees. The department shall contract for all employee benefits with one county served by the department and designated for that purpose by the judges descri…

Sec. 76.007. PUBLIC FUNDS, GRANTS, AND GIFTS. A department may accept public funds and grants and gifts from any source for the purpose of financing programs and facilities. A municipality, county, or other political subdivision may make grants to a department for those purposes.…

Sec. 76.008. FINANCIAL RESPONSIBILITIES OF COUNTIES. (a) The county or counties served by a department shall provide physical facilities, equipment, and utilities for a department. The division shall monitor the support a county provides under this section and determine whether a…

Sec. 76.009. FINANCIAL RESPONSIBILITIES OF DISTRICTS. (a) The department may expend district funds in order to provide expanded facilities, equipment, and utilities if: (1) the department needs to increase its personnel in order to provide more effective services or to meet workl…

Sec. 76.010. STATE FUNDS OR GUARANTEES FOR CORRECTIONS FACILITIES. (a) In this section: (1) "Community corrections facility" has the meaning assigned by Section 509.001. (2) "State jail felony facility" means a facility operated or contracted for by the Texas Department of Crimin…

Sec. 76.011. OPERATION OF CERTAIN SERVICES AND PROGRAMS. (a) The department may operate programs for: (1) the supervision and rehabilitation of persons in pretrial intervention programs; (2) the supervision of persons released on bail under: (A) Chapter 11, Code of Criminal Proce…

Sec. 76.012. REPORTING AND MANAGEMENT SERVICES. A department may enter into a contract with a public or private vendor to provide telephone reporting, automated caseload management, and collection services for fines, fees, restitution, and other costs ordered to be paid by a cour…

Sec. 76.013. RESTITUTION. (a) If a judge requires a defendant to make restitution to a victim of the defendant's offense, and a restitution payment is received by a department from the defendant for transmittal to a victim of the offense, the department shall immediately deposit …

Sec. 76.014. ASSESSMENT AND ENHANCEMENT OF DEFENDANT'S EDUCATIONAL SKILLS. (a) A department, with the assistance of the Texas Workforce Commission, the Texas Workforce Investment Council, local workforce development boards, and other appropriate public and private entities, may e…

Sec. 76.015. REIMBURSEMENT FEE. (a) A department may collect money from an individual as ordered by a court served by the department regardless of whether the individual is under the department's supervision. (a-1) This section does not apply to an individual ordered to pay an ad…

Sec. 76.016. VICTIM NOTIFICATION. (a) A department, using the name and address provided by the attorney representing the state under Article 56A.454(b), Code of Criminal Procedure, shall immediately notify a victim of the defendant's crime or, if the victim has a guardian or is d…

Sec. 76.017. TREATMENT ALTERNATIVE TO INCARCERATION PROGRAM. (a) A department may establish a treatment alternative to incarceration program in each county served by the department according to standards adopted by the division. A department may enter into an interlocal cooperati…

Sec. 76.018. APPLICATION OF LAW RELATING TO FREE EXERCISE OF RELIGION. For purposes of Chapter 110, Civil Practice and Remedies Code, an ordinance, rule, order, decision, or practice that applies to a person in the custody of a correctional facility operated by or under a contrac…

Sec. 76.019. SUPERVISION OFFICER MEETINGS AND VISITS. (a) A department shall adopt a policy regarding the scheduling of meetings or visits with a defendant placed on community supervision and supervised by the department. The policy must require the officer supervising the defend…

Sec. 77.001. DEFINITIONS. In this chapter: (1) "Committee" means the Judicial Committee on Information Technology. (2) "Court" means any tribunal forming a part of the judiciary. (3) "Internet" means the largest nonproprietary nonprofit cooperative public computer network, popula…

Sec. 77.011. JUDICIAL COMMITTEE ON INFORMATION TECHNOLOGY. (a) The committee operates under the direction and supervision of the chief justice of the supreme court. (b) The committee shall exercise the powers and perform the duties or functions imposed on the committee by this ch…

Sec. 77.012. MEMBERS. (a) The committee is composed of 15 members appointed by the chief justice of the supreme court. (b) The chief justice of the supreme court, in making appointments to the committee, shall attempt to select members who are representative of, but not limited t…

Sec. 77.013. COMPENSATION. A member of the committee is not entitled to compensation but is entitled to reimbursement of travel expenses incurred by the member while conducting the business of the committee, as provided in the General Appropriations Act. Added by Acts 1997, 75th …

Sec. 77.014. STAFF. The Office of Court Administration of the Texas Judicial System shall provide staff for the committee. Added by Acts 1997, 75th Leg., ch. 1327, Sec. 4, eff. Sept. 1, 1997. SUBCHAPTER C. POWERS AND DUTIES; FUNDING

Sec. 77.031. GENERAL POWERS AND DUTIES. The committee shall: (1) develop programs to implement the recommendations of the Information Technology Task Force of the Texas Commission on Judicial Efficiency; (2) develop minimum standards for voice storage and retrieval services, incl…

Sec. 78.001. DEFINITIONS. In this subchapter: (1) "Committee" means the capital and forensic writs committee established under this subchapter. (2) "Office of capital and forensic writs" means the office of capital and forensic writs established under Subchapter B. Added by Acts …

Sec. 78.002. ESTABLISHMENT OF COMMITTEE; DUTIES. (a) The capital and forensic writs committee is established. (b) The committee shall provide oversight and strategic guidance to the office of capital and forensic writs, including: (1) recommending to the court of criminal appeals…

Sec. 78.003. APPOINTMENT AND COMPOSITION OF COMMITTEE. (a) The committee is composed of the following five members who are appointed as follows: (1) three attorneys who are appointed by the executive director of the Texas Indigent Defense Commission; and (2) two attorneys who are…

Sec. 78.004. RECOMMENDATION AND APPOINTMENT OF DIRECTOR OF OFFICE OF CAPITAL AND FORENSIC WRITS. (a) The committee shall submit to the court of criminal appeals, in order of the committee's preference, a list of the names of not more than five persons the committee recommends tha…

Sec. 78.051. DEFINITIONS. In this subchapter: (1) "Committee" means the capital and forensic writs committee established under Subchapter A. (2) "Office" means the office of capital and forensic writs established under this subchapter. Added by Acts 2009, 81st Leg., R.S., Ch. 781…

Sec. 78.052. ESTABLISHMENT; FUNDING. (a) The office of capital and forensic writs is established and operates under the direction and supervision of the director of the office. (b) The office shall receive funds for personnel costs and expenses: (1) as specified in the General Ap…

Sec. 78.053. DIRECTOR; STAFF. (a) The court of criminal appeals shall appoint a director to direct and supervise the operation of the office. The director serves a four-year term and continues to serve until a successor has been appointed and qualified. The court of criminal appe…

Sec. 78.054. POWERS AND DUTIES. (a) The office may not accept an appointment under Article 11.071, Code of Criminal Procedure, if: (1) a conflict of interest exists; (2) the office has insufficient resources to provide adequate representation for the defendant; (3) the office is …

Sec. 78.055. COMPENSATION OF OTHER APPOINTED ATTORNEYS. If it is necessary that an attorney other than an attorney employed by the office be appointed, that attorney shall be compensated as provided by Articles 11.071 and 26.05, Code of Criminal Procedure. Added by Acts 2009, 81s…

Sec. 78.056. APPOINTMENT LIST. (a) The presiding judges of the administrative judicial regions shall maintain a statewide list of competent counsel available for appointment under Section 2(f), Article 11.071, Code of Criminal Procedure, if the office does not accept or is prohib…

Sec. 79.001. DEFINITIONS. In this chapter: (1) "Assigned counsel program" means a system under which private attorneys, acting as independent contractors and compensated with public funds, are individually appointed to: (A) provide legal representation and services to a particula…

Sec. 79.002. ESTABLISHMENT OF COMMISSION. (a) The Texas Indigent Defense Commission is established as a permanent standing committee of the council. (b) The commission operates under the direction and supervision of a governing board. Added by Acts 2011, 82nd Leg., R.S., Ch. 984 …

Sec. 79.011. ESTABLISHMENT OF BOARD; COMPOSITION. (a) The commission is governed by a board consisting of eight ex officio members and five appointive members. (b) Except as provided by Section 79.033(b), the board shall exercise the powers and perform the duties under this chapt…

Sec. 79.012. EXECUTIVE DIRECTOR. (a) The executive director is appointed by the board. (b) The executive director: (1) must demonstrate an interest in the standards for and provision of criminal defense services and family protection services to indigent individuals; (2) may not …

Sec. 79.013. EX OFFICIO MEMBERS. The ex officio members of the board are: (1) the following six members of the council: (A) the chief justice of the supreme court; (B) the presiding judge of the court of criminal appeals; (C) one of the members of the senate serving on the counci…

Sec. 79.014. APPOINTMENTS. (a) The governor shall appoint with the advice and consent of the senate seven members of the board as follows: (1) one member who is a district judge serving as a presiding judge of an administrative judicial region; (2) one member who is a judge of a …

Sec. 79.015. PRESIDING OFFICER. The board shall select a chair from among its members. Added by Acts 2011, 82nd Leg., R.S., Ch. 984 (H.B. 1754), Sec. 1, eff. September 1, 2011.

Sec. 79.016. DISCLOSURE REQUIRED. (a) A board member who is a chief public defender or a director of a managed assigned counsel program for an entity that applies for funds under Section 79.037 shall disclose that fact before a vote by the board regarding an award of funds to tha…

Sec. 79.017. VACANCIES. A vacancy on the board must be filled for the unexpired term in the same manner as the original appointment. Added by Acts 2011, 82nd Leg., R.S., Ch. 984 (H.B. 1754), Sec. 1, eff. September 1, 2011.

Sec. 79.018. MEETINGS; QUORUM; VOTING. (a) The board shall meet at least four times each year and at such other times as it considers necessary or convenient to perform its duties. (b) Six members of the board constitute a quorum for purposes of transacting the business of the bo…