87R1492 MAW-D     By: González of Dallas H.B. No. 2784       A BILL TO BE ENTITLED   AN ACT   relating to a defendant's payment of costs associated with a   court-appointed counsel.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 26.05(g-1)(1), Code of Criminal   Procedure, is amended to read as follows:                (1)  This subsection applies only to a defendant who:                      (A)  at the time of sentencing to confinement or   placement on community supervision, including deferred   adjudication community supervision, did not have the financial   resources to pay the maximum amount described by Subsection (g)(1)   or (2), as applicable, for legal services provided to the   defendant; or                      (B)  is subject to an order under Subsection (g-2)   to pay a reduced amount for legal services provided to the   defendant, regardless of the amount of financial resources   available to the defendant at the time the defendant was sentenced   to confinement or placed on community supervision.          SECTION 2.  Article 26.05, Code of Criminal Procedure, is   amended by adding Subsections (g-2), (g-3), (g-4), and (g-5) to   read as follows:          (g-2)(1)  At any time during the sentence of confinement or   period of community supervision of a defendant who has been ordered   under Subsection (g) or (g-1) to pay in part or in whole the costs of   legal services provided to the defendant, the judge shall, on   written request of the defendant, provide the defendant with the   opportunity to present evidence that the defendant no longer has   the financial resources to pay the amount ordered. If the judge   determines that the defendant is indigent or demonstrates an   inability to pay the amount ordered, the judge shall amend the   applicable order to require the defendant to pay a reduced amount,   if any, based on the defendant's ability to pay.                (2)  The judge may, on the judge's own motion, amend the   applicable order as provided by Subdivision (1) on making the   determination required by that subdivision.          (g-3)  In making a determination under Subsection (g-1) or   (g-2), the judge may only consider the information a court or   courts' designee is authorized to consider in making an indigency   determination under Article 26.04(m).          (g-4)  The jurisdiction of the judge to enter an order under   Subsection (g-1) or (g-2) continues until the defendant has   discharged the sentence or completed the period of community   supervision.          (g-5)  Notwithstanding any other law, the judge may not   revoke or extend the defendant's period of community supervision   solely to collect the amount the defendant has been ordered to pay   under Subsection (g-1) or (g-2).          SECTION 3.  Articles 26.05(g-1)(3), (4), and (5), Code of   Criminal Procedure, are repealed.          SECTION 4.  The change in law made by this Act applies to a   defendant who, on or after the effective date of this Act, is   serving a sentence of confinement or is on community supervision,   including deferred adjudication community supervision, regardless   of whether the defendant was sentenced to confinement or placed on   community supervision before, on, or after the effective date of   this Act.          SECTION 5.  This Act takes effect September 1, 2021.