Texas Death Penalty Proceedings: Appointment of and Authority to Pay Counsel is a court order that allows for the court to appoint and authorize legal counsel to represent a defendant in a death penalty case in the state of Texas. This order is issued when a defendant cannot afford to hire an attorney and is unable to receive assistance from the public defender. There are two types of Texas Death Penalty Proceedings: Appointment of and Authority to Pay Counsel. The first type is the Appointment of Counsel. In this type of proceeding, the court will appoint an attorney or attorneys to represent the defendant in the death penalty case. The court may also appoint an investigator, a mitigation specialist, and/or a jury consultant to assist in the defense of the defendant. The second type of Texas Death Penalty Proceedings: Appointment of and Authority to Pay Counsel is the Authority to Pay Counsel. In this type of proceeding, the court will authorize the payment of legal fees and other costs associated with the defense of the defendant. The court will also set a maximum amount that can be paid for the defense. This amount typically is based on the financial resources of the defendant and the estimated cost of the defense.