HB 1245

83(R) - 2013
Civil Justice

Vote Recommendation

  • Neutral
  • Neutral
  • Neutral
  • Neutral
  • Positive


Sylvester Turner

Bill Caption

Relating to the allocation of money in the judicial and court personnel training fund.

Fiscal Notes

Estimated Two-year Net Impact to General Revenue Related Funds for HB1245, As Introduced: an impact of $0 through the biennium ending August 31, 2015. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill. The bill would amend the Government Code to provide that the Court of Criminal Appeals expand continuing legal education and other support programs for criminal defense attorneys who represent indigent defendants to include personnel working for criminal defense attorneys representing the indigent. Currently, the Court of Criminal Appeals is appropriated an amount not to exceed $1,105,000 per year from the General Revenue-Dedicated Judicial and Court Personnel Training Account No. 540 to provide continuing legal education for criminal defense attorneys who regularly represent indigent defendants in criminal matters. The bill would take effect September 1, 2013. Based on information provided by the Court of Criminal Appeals and the Office of Court Administration, this estimate assumes that based on the number of criminal defense lawyers representing indigent defendants trained each year, approximately 300 criminal defense attorney personnel per year would be eligible to receive training under provisions of the bill. This estimate assumes each training participant would receive 12 hours of training at an average cost of $32 per hour.

Bill Analysis

Summary: Under current law, prosecuting attorneys and their personnel, justices of the peace and their personnel, and criminal defense attorneys who represent indigent defendants can participate in trainings funded by the judicial and court personnel training fund. HB 1245 authorizes a criminal defense attorney's personnel to participate in these trainings.

Analysis: Indigent defendants are unable to afford proper legal representation and the law requires that legal representation be provided for them. HB 1245 would help ensure that an indigent defendant's representation is properly trained to provide adequate legal defense. TPPA recommends voting YES on HB 1245.