The bill, S.B. No. 2009, aims to amend Article 26.05(c) of the Code of Criminal Procedure regarding the compensation of counsel appointed to represent indigent individuals in criminal and juvenile proceedings. Key changes include the requirement for a fee schedule to specify reasonable fixed rates or minimum and maximum hourly rates, while considering overhead costs and the availability of qualified attorneys. Additionally, the bill introduces provisions for the approval of payment by the judge or the director of a managed assigned counsel program, or their designees, and mandates that if a payment request is disapproved, a written explanation must be provided detailing the approved amount and reasons for any discrepancies.
Furthermore, the bill establishes a process for attorneys to appeal disapproved payment requests or inaction within 60 days by filing a motion with the presiding judge of the administrative judicial region. The presiding judge is then tasked with reviewing the case, potentially holding a hearing, and determining the appropriate payment amount. The bill stipulates that these amendments will only apply to expenses incurred by attorneys on or after the effective date of the Act, which is set for September 1, 2025.