Texas § GV.78.054 - POWERS AND DUTIES
Full text of Texas The Texas Constitution § GV.78.054 — POWERS AND DUTIES, with citation guidance and answers to common questions.
§ GV.78.054. POWERS AND DUTIES
POWERS AND DUTIES. (a) The office may not accept an appointment under Article 11.071 , Code of Criminal Procedure, if: (1) a conflict of interest exists; (2) the office has insufficient resources to provide adequate representation for the defendant; (3) the office is incapable of providing representation for the defendant in accordance with the rules of professional conduct; or (4) other good cause is shown for not accepting the appointment. (b) The office may not represent a defendant in a federal habeas review. The office may not represent a defendant in an action or proceeding in state court other than an action or proceeding that: (1) is conducted under Article 11.071 , Code of Criminal Procedure; (2) is collateral to the preparation of an application under Article 11.071 , Code of Criminal Procedure; (3) concerns any other post-conviction matter in a death penalty case other than a direct appeal, including an action or proceeding under Article 46.05 or Chapter 64 , Code of Criminal Procedure; or (4) is conducted under Article 11.073 , Code of Criminal Procedure, or is collateral to the preparation of an application under Article 11.073 , Code of Criminal Procedure, if the case was referred in writing to the office by the Texas Forensic Science Commission under Section 4(h), Article 38.01 , Code of Criminal Procedure. (c) Notwithstanding Article 26.04 (p), Code of Criminal Procedure, the office may independently investigate the financial condition of any person the office is appointed to represent. The office shall report the results of the investigation to the appointing judge. The judge may hold a hearing to determine if the person is indigent and entitled to representation under this section. (d) The office may consult with law school clinics with applicable knowledge and experience and with other experts as necessary to investigate the facts of a particular case. Added by Acts 2009, 81st Leg., R.S., Ch. 781 (S.B. 1091 ), Sec. 1, eff. September 1, 2009. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1215 (S.B. 1743 ), Sec. 20, eff. September 1, 2015.
Frequently Asked Questions About Texas § GV.78.054
What does The Texas Constitution § GV.78.054 cover?
Section GV.78.054 ("POWERS AND DUTIES") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Texas § GV.78.054?
A common citation format is "The Texas Constitution § GV.78.054" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Texas law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.
How does Texas § GV.78.054 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Texas.