Relating to the compensation of counsel appointed to provide representation and services to indigent individuals in criminal and juvenile proceedings.
LowStandard timeline
Low Cost
Effective:2025-06-20
Enforcing Agencies
Managed Assigned Counsel Program (Director and Designee) • Commissioners Court • Presiding Judge of the Administrative Judicial Region
01
Compliance Analysis
Key implementation requirements and action items for compliance with this legislation
Implementation Timeline
Effective Date:June 20, 2025 (Note: While the bill text lists September 1, legislative passage data indicates immediate effect due to supermajority vote).
Compliance Deadline:June 20, 2025 (Billing procedures must switch on this date).
Agency Rulemaking: No state-level rulemaking is required, but local MACPs must update their "Plan of Operation" documents immediately to reflect this transfer of authority.
Immediate Action Plan
1.Identify Jurisdiction: Determine immediately if your county operates a Managed Assigned Counsel Program. If not, no changes are required.
2.Update Billing Routing: Hard-code the MACP Director (or specific designee) as the recipient for all fee vouchers starting June 20, 2025.
3.Segregate WIP: Review all Work In Progress (WIP). Draw a hard line at June 20 for expense attribution to ensure the correct authority approves the correct timeframe.
4.Monitor the 60-Day Clock: Implement a tracking system for submitted invoices. If an invoice hits day 60 without action, automatically prepare the motion for the Administrative Judicial Region.
Operational Changes Required
Contracts
MACP Vendor Agreements: Review all agreements between defense firms and Managed Assigned Counsel Programs. Clauses designating the "Presiding Judge" as the final approver for payment are now statutorily obsolete and must be amended to designate the "Program Director."
Hiring/Training
Billing Staff: Administrative staff responsible for generating fee vouchers must be retrained on the new routing protocols. Invoices sent to the Judge instead of the Director in MACP counties will likely be returned unapproved.
Approver Designation: MACP Directors must formally designate, in writing, any staff members authorized to sign off on payments ("Designees") to satisfy County Auditor requirements.
Reporting & Record-Keeping
Mandatory Billing Split: For cases active across the effective date, firms must generate two separate invoices:
1. Expenses incurred *prior* to June 20, 2025 (Submit to Judge).
2. Expenses incurred *on or after* June 20, 2025 (Submit to MACP Director).
*Commingling these expenses will likely cause rejection by the County Auditor.*
Denial Documentation: MACP Directors are now required to issue written findings citing specific reasons if a requested fee amount is reduced or disapproved.
Fees & Costs
Payment Triggers: The Commissioners Court must pay the approved amount within 45 days of the Director's approval.
Appeal Mechanism: If the Director fails to act on a voucher within 60 days, counsel must file a motion with the Presiding Judge of the Administrative Judicial Region to compel a decision.
Strategic Ambiguities & Considerations
"Reasonable Overhead": The statute requires fee schedules to cover "reasonable and necessary overhead," but fails to define the calculation method. Firms should expect friction regarding what constitutes "reasonable" until local precedent is set.
Qualifications of the "Designee": The law allows a Director to delegate approval authority to a "designee" without specifying qualifications. There is a risk that non-attorney administrative staff may be auditing complex legal invoices. Counsel should monitor reductions closely and appeal if decisions appear legally unsound.
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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.
In 2011, the Texas Legislature passed H.B. 1754, which established the Texas Indigent Defense Commission and provided procedures for counties to establish managed assigned counsel programs to provide legal representation for indigent defendants. However, under current law, payments to an attorney appointed to represent a criminal defendant, including an indigent defendant, cannot be made until the presiding judge or, in counties operating such a program, the program's director approves the payment, as applicable. The bill author has informed the committee that this statute can create an administrative burden on directors of managed assigned counsel programs in larger counties. In a committee hearing, the executive director of the Harris County managed assigned counsel program reported having to manage approval processing for over 200 attorneys, equating to over 700 payments per week on average. H.B. 1445 addresses this issue by authorizing a county's managed assigned counsel program director to establish a designee that would assist in approving these attorney payments.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 1445 amends the Code of Criminal Procedure to include the designee of the director of a managed assigned counsel program among the individuals authorized to approve payments requested as a reasonable attorney's fee submitted by counsel appointed to provide representation and services to indigent individuals in criminal and juvenile proceedings. Accordingly, the bill requires the designee who disapproves a requested amount of payment to make written findings stating the amount of payment that the designee approves and each reason for approving an amount different from the requested amount. The bill's provisions apply only to expenses incurred by an attorney on or after the bill's effective date.
Honorable John T. Smithee, Chair, House Committee on Criminal Jurisprudence
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB1445 by Hernandez (Relating to the compensation of counsel appointed to provide representation and services to indigent individuals in criminal and juvenile proceedings.), As Introduced
No significant fiscal implication to the State is anticipated.
It is assumed that any costs associated with the bill could be absorbed using existing resources.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council
LBB Staff:
JMc, MGol, BC, CWi
Related Legislation
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HB1445 fundamentally shifts the authority for approving indigent defense payments from the Judiciary to the Directors of Managed Assigned Counsel Programs (MACPs) in applicable counties. This legislation requires immediate changes to billing workflows for private counsel and county auditors; failure to route invoices correctly after the effective date will result in payment rejection and revenue delays. Implementation Timeline Effective Date: June 20, 2025 (Note: While the bill text lists September 1, legislative passage data indicates immediate effect due to supermajority vote).
Q
Who authored HB1445?
HB1445 was authored by Texas Representative Ana Hernandez during the Regular Session.
Q
When was HB1445 signed into law?
HB1445 was signed into law by Governor Greg Abbott on June 20, 2025.
Q
Which agencies enforce HB1445?
HB1445 is enforced by Managed Assigned Counsel Program (Director and Designee), Commissioners Court and Presiding Judge of the Administrative Judicial Region.
Q
How urgent is compliance with HB1445?
The compliance urgency for HB1445 is rated as "low". Businesses and organizations should review the requirements and timeline to ensure timely compliance.
Q
What is the cost impact of HB1445?
The cost impact of HB1445 is estimated as "low". This may vary based on industry and implementation requirements.
Q
What topics does HB1445 address?
HB1445 addresses topics including courts, courts--judges, criminal procedure, criminal procedure--defense counsel and indigent legal services.
Legislative data provided by LegiScanLast updated: November 25, 2025
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