SB 2111 Texas Senate · 89th Legislature (2025)

Relating to legal representation of indigent persons in this state and to proceedings before a magistrate including the appointment of counsel for an indigent defendant.

SB 2111 requires Texas courts to appoint lawyers for indigent defendants who have a potentially meritorious claim in post-conviction habeas corpus proceedings. It specifically covers claims of actual innocence, lesser offenses, unconstitutional convictions, or constitutional violations. The bill amends court procedures to ensure defendants with these claims receive legal representation to file or pursue habeas corpus applications. This directly affects indigent individuals seeking relief after conviction who meet the defined criteria for a "potentially meritorious claim." The bill was vetoed by the Governor on June 22, 2025, after passing both legislative chambers.
Bill status vetoed 4 of 5 stages cleared
Introduction
Mar 2025
Committee Review
May 2025
Senate Passage
May 2025
House Passage
May 2025
Vetoed
Jun 2025
Introduced Mar 10, 2025 Vetoed Jun 22, 2025
Maddy AI version diff · 2 comparisons

What changed between versions

Engrossed Enrolled · 6 edits · May 27, 2025
MODERATE
This bill updates Texas criminal procedure laws to improve legal representation for indigent defendants, particularly at the magistrate stage when defendants are first brought before a judge. Key changes include clarifying when attorneys must be appointed for habeas corpus claims, expanding magistrate responsibilities for informing arrested persons of their rights, and creating new provisions for managed assigned counsel programs and fee reimbursement for appointed attorneys.
Scope change
The bill expands the scope of legal representation requirements to include magistrate proceedings and clarifies eligibility criteria for indigent defense funding across various stages of criminal proceedings.
REQUIREMENT

Added new subsections to Article 11.074 clarifying when courts must appoint counsel for indigent defendants seeking habeas corpus relief based on innocence, lesser offenses, or unconstitutional convictions.

Expanded magistrate duties under Article 15.17 to include specific requirements for informing arrested persons of their rights, including procedures for videoconference proceedings and accommodations for persons with disabilities or language barriers.

Modified Article 26.05 to expand fee reimbursement for appointed counsel to include travel expenses for defendants confined more than 50 miles from the court and remote communication costs.

Added confidentiality protections for managed assigned counsel programs, allowing them to receive privileged information necessary to perform their functions.

FISCAL

Created new subsections in Article 26.04 and 26.044 allowing counties to appoint attorneys specifically for magistrate appearances and permitting private attorneys to work part-time in public defender offices for this purpose.

DEFINITION

Added definition of 'managed assigned counsel program' to clarify how public funds can be used for delegated judicial functions in indigent defense.

Floor votes · Senate Apr 28, 2025 · House May 23, 2025

How they voted

282
Passed
Total votes 30
Apr 28, 2025
D Democratic10
10 Yea
100% Yea
R Republican20
18 Yea 2 Nay
90% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
49
Key actions
15
Committee
9
Amendments
3
Jun 22, 2025
Vetoed
Vetoed by the Governor
executive
May 27, 2025
Lower · Passed
Signed in the House
lower
May 26, 2025
Upper · Passed
Signed in the Senate
upper
May 25, 2025
Upper · Passed
House passage reported
upper
May 24, 2025
Lower · Passed
Passed
lower
May 23, 2025
House · Passed
House Vote: pass (92-45-8)
house
May 19, 2025
Lower · Passed
Committee report sent to Calendars
lower
May 16, 2025
Lower · Passed
Committee report distributed
lower
May 15, 2025
Lower · Passed
Reported favorably w/o amendment(s)
lower
Apr 30, 2025
Committee
Referred to Criminal Jurisprudence
lower
Apr 30, 2025
Introduced
Read first time
lower
Apr 29, 2025
Introduced
Received from the Senate
lower
Apr 28, 2025
Upper · Passed
Passed
upper
Apr 28, 2025
Upper · Passed
Passed to engrossment as amended
upper
Apr 28, 2025
Upper · Passed
Amended
upper
Apr 28, 2025
Introduced
Amendment(s) offered
upper
Apr 16, 2025
Upper · Passed
Committee report printed and distributed
upper
Apr 16, 2025
Upper · Passed
Reported favorably as substituted
upper
Apr 15, 2025
Upper · Passed
Vote taken in committee
upper
Apr 15, 2025
Upper · Passed
Testimony taken in committee
upper
Mar 24, 2025
Committee
Referred to Criminal Justice
upper
Mar 24, 2025
Introduced
Read first time
upper
2 primary · 1 co-sponsor

Sponsors