Policy Background:
The Texas Indigent Defense Commission awards grants and much-needed technical assistance to each of Texas’ 254 counties on issues related to defense systems and models.
Texas policy-makers should appropriate additional state funding to the Commission to help counties offset their high burden to provide defense. This is essential to supporting county efforts to ensure that the right to counsel is provided to all Texans whose liberty is at stake and who cannot afford representation.
Key Facts:
- In 2013, Texas counties paid approximately $189.7 million on indigent defense compared to the State’s $27.4 million.[1] In other words, the State spent only 14 cents on the dollar for every dollar spent by the counties on indigent defense.
- Since the passage of Texas’ Fair Defense Act in 2001, spending on indigent defense has more than doubled, increasing from $91.4 million (all of which was borne by counties) to $217.1 million in 2013 ($189.7 million of which was borne by counties).[2] In other words, counties are now spending $98.3 million more than they did in 2001.
Relevant Bills:
- Bill Number: HB 1 (author: Otto | sponsor: Nelson)
Bill Caption: General Appropriations Bill.
TCJE Materials: Testimony on House Budget Recommendations regarding the Texas Indigent Defense Commission
Hearing Notice: House Appropriations Committee, Subcommittee on Articles I, IV & V, Notice of Public Hearing on February 18, 2015
Archived Hearing Video: House Appropriations Committee, Subcommittee on Articles I, IV & V, 02/18/15 Video [TCJE testimony begins at 03:52:42]
Outcome: Effective 9/1/
- Bill Number: SB 2 (Nelson)
Bill Caption: General Appropriations Bill.
TCJE Materials: Testimony on Article IV regarding the Texas Indigent Defense Commission
Hearing Notice: Senate Finance Committee, Notice of Public Hearing on February 2, 2015
Archived Hearing Video: Senate Finance Committee, 02/02/15 Video [TCJE testimony begins at 00:27:20]
Other TCJE Materials:
- TCJE’s Response to the Texas Indigent Defense Commission's Legislative Appropriations Request for Fiscal Years 2016 and 2017
- Report: Texas Indigent Defense Commission: Helping Counties Implement What Works For System-Wide Cost Savings [January 2013]
Outside Publications:
- Texas Indigent Defense Commission, Legislative Appropriations Request for Fiscal Years 2016 and 2017
- Legislative Budget Board, Summary Tables for Legislative Budget Estimates (House 2016-17 Biennium) – See Figure 1, Article IV
- Legislative Budget Board, Recommendations: House Version – See Article IV [IV-23, page 565]
- Legislative Budget Board, Recommendations: Senate Version – See Article IV [IV-23, page 564]
- Public Policy Research Institute, Guidelines for Indigent Defense Caseloads: A Report to the Texas Indigent Defense Commission [January 2015]
[1] Texas Indigent Defense Commission, Legislative Appropriations Request for Fiscal Years 2016 and 2017, August 4, 2014, p. 2.
[2] Ibid, p. 7.