H.B. No. 4915 aims to improve legal representation for indigent individuals in Texas, particularly during magistrate proceedings. The bill amends Article 11.074 of the Code of Criminal Procedure to mandate the appointment of attorneys for eligible indigent defendants who present potentially meritorious claims for relief under a writ of habeas corpus, defining such claims as those indicating actual innocence, guilt of a lesser offense, or a conviction under an unconstitutional law. It also introduces provisions for videoconferencing in magistrate proceedings, ensuring that arrested individuals are informed of their rights and can consult with counsel. Additionally, the bill establishes guidelines for managed assigned counsel programs funded by public resources and requires that records of communications between the arrested person and the magistrate be maintained for at least two years post-judgment, with indigent defendants receiving copies at no cost.

The bill further amends various sections of the Code of Criminal Procedure and the Government Code to enhance compensation and reimbursement processes for appointed counsel in criminal cases. It stipulates that appointed counsel, excluding those from public defender's offices or the office of capital and forensic writs, will be compensated based on case complexity and time spent, including travel for legal services outside the county. A new requirement for court approval of incurred expenses is introduced, with reimbursement processes aligned with those for capital cases. The bill also clarifies the attorney appointment process in cases with potential conflicts of interest and expands the definition of entities eligible for access to criminal history records. These changes are set to take effect on September 1, 2025, applying to expenses incurred on or after that date.

Statutes affected:
Introduced: Government Code 79.037, Government Code 411.082, Government Code 411.1272, Transportation Code 79.031 (Government Code 411, Government Code 79, Transportation Code 79)
House Committee Report: Government Code 411.082, Government Code 411.1272, Transportation Code 730.007 (Transportation Code 730, Government Code 411, Government Code 79, Transportation Code 79)