Skip to main content

HB 3449

AN ACT relating to the reimbursement of expenses to certain counsel

House Bill Canales
Filed

Filed

Bill introduced by legislator

Committee

Hearing

Passed Cmte

Calendar

Passed

Sent

Enrolled

Governor

Signed

89th Regular Session

Jan 14, 2025 - Jun 2, 2025 • Session ended

Awaiting Committee Assignment

Bill filed, pending referral to House committee

← Back to Bills

Committee

Not yet assigned

Fiscal Note

Not available

What This Bill Does

Modifies reimbursement rules for criminal defense attorneys appointed to represent defendants in noncapital cases, expanding coverage for reasonable expenses like mental health experts and travel costs. Attorneys can now be reimbursed for travel and communication expenses when defendants are confined in correctional facilities over 50 miles from the court, with different reimbursement procedures depending on whether the expenses were pre-approved by the court. The changes aim to ensure attorneys can adequately represent defendants and cover necessary case-related expenses.

Subject Areas

Bill Text

relating to the reimbursement of expenses to certain counsel
appointed to represent a defendant in a criminal proceeding.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Article 26.05, Code of Criminal Procedure, is
amended by amending Subsection (d) and adding Subsection (d-1) to
(d)  A counsel in a noncapital case, other than an attorney
with a public defender's office, appointed to represent a defendant
under this code shall be reimbursed for reasonable and necessary
expenses, including expenses for:
(2)  [and for] mental health and other experts; and
(3)  if the defendant is confined in a correctional
facility located more than 50 miles from the court in which the
defendant's proceeding is pending:
(A)  travel to the defendant's location for a
confidential communication and food and lodging related to that
(B)  any costs associated with remotely entering
into a confidential communication with the defendant.
(d-1)  Expenses under Subsection (d) incurred with prior
court approval shall be reimbursed in the same manner provided for
capital cases by Articles 26.052(f) and (g), and expenses under
Subsection (d) incurred without prior court approval shall be
reimbursed in the manner provided for capital cases by Article
SECTION 2.  The change in law made by this Act applies only
to expenses incurred on or after the effective date of this Act.
SECTION 3.  This Act takes effect September 1, 2025.

Bill History

filed

Bill filed: AN ACT relating to the reimbursement of expenses to certain counsel