Texas Code of Criminal Procedure

§ 26.05 — COMPENSATION OF COUNSEL APPOINTED TO DEFEND

CR § 26.05Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 26. ARRAIGNMENT

Statute text

(a)A counsel, other than an attorney with a public defender's office or an attorney employed by the office of capital and forensic writs, appointed to represent a defendant in a criminal proceeding, including a habeas corpus hearing, shall be paid a reasonable attorney's fee for performing the following services, based on the time and labor required, the complexity of the case, and the experience and ability of the appointed counsel:

(1)time spent in court making an appearance on behalf of the defendant as evidenced by a docket entry, time spent in trial, and time spent in a proceeding in which sworn oral testimony is elicited;

(2)reasonable and necessary time spent out of court on the case, supported by any documentation that the court requires;

(3)preparation of an appellate brief and preparation and presentation of oral argument to a court of appeals or the Court of Criminal Appeals; and

(4)preparation of a motion for rehearing.

(b)All payments made under this article shall be paid in accordance with a schedule of fees adopted by formal action of the judges of the county courts, statutory county courts, and district courts trying criminal cases in each county. On adoption of a schedule of fees as provided by this subsection, a copy of the schedule shall be sent to the commissioners court of the county.

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Legislative history

Acts 2007, 80th Leg., R.S., Ch. 1014 (H.B. 1267), Sec. 1, eff. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. 781 (S.B. 1091), Sec. 9, eff. September 1, 2009. Acts 2011, 82nd Leg., R.S., Ch. 984 (H.B. 1754), Sec. 12, eff. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. 984 (H.B. 1754), Sec. 15(1), eff. September 1, 2011. Acts 2015, 84th Leg., R.S., Ch. 106 (H.B. 3633), Sec. 1, eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 1215 (S.B. 1743), Sec. 7, eff. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. 554 (S.B. 527), Sec. 1, eff. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 2.07, eff. January 1, 2020. Acts 2025, 89th Leg., R.S., Ch. 515 (H.B. 1445), Sec. 1, eff. September 1, 2025.