Department of the Treasury Internal Revenue Service
Public Charity Status and Public Support
Complete if the organization is a section 501(c)(3) organization or a section
4947(a)(1) nonexempt charitable trust.
Attach to Form 990 or Form 990-EZ. See separate instructions.
OMB No. 1545-0047
2012
Open to Public Inspection
Name of the organization
Texas Defender Service
Employer identification number
76-0481649
Part I
Reason for Public Charity Status
(All organizations must complete this part.) See instructions.
The organization is not a private foundation because it is: (For lines 1 through 11, check only one box.)
1
2
3
4
5
section 170(b)(1)(A)(iv). (Complete Part II.)
6
7
8
9
receipts from activities related to its exempt functions—subject to certain exceptions, and (2) no more than 331/3% of
its support from gross investment income and unrelated business taxable income (less section 511 tax) from businesses
acquired by the organization after June 30, 1975. See section 509(a)(2). (Complete Part III.)
10
11
e
By checking this box, I certify that the organization is not controlled directly or indirectly by one or more disqualified persons other than foundation managers and other than one or more publicly supported organizations described in section 509(a)(1) or section 509(a)(2).
f
If the organization received a written determination from the IRS that it is a Type I, Type II, or Type III supporting organization, check this box
..................................................
g
Since August 17, 2006, has the organization accepted any gift or contribution from any of the following persons?
(i) A person who directly or indirectly controls, either alone or together with persons described in (ii)
Yes
No
and (iii) below, the governing body of the supported organization?
................
11g(i)
(ii)
A family member of a person described in (i) above?
......................
11g(ii)
(iii)
A 35% controlled entity of a person described in (i) or (ii) above?
................
11g(iii)
h
Provide the following information about the supported organization(s).
(i) Name of supported organization
(ii) EIN
(iii) Type of organization (described on lines 1- 9 above or IRC section (see instructions))
(iv) Is the organization in col. (i) listed in your governing document?
(v) Did you notify the organization in col. (i) of your support?
(vi) Is the organization in col. (i) organized in the U.S.?
(vii) Amount of monetary support
Yes
No
Yes
No
Yes
No
Total
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990EZ.
Cat. No. 11285F
Schedule A (Form 990 or 990-EZ) 2012
Schedule A (Form 990 or 990-EZ) 2012
Page 2
Part II
Support Schedule for Organizations Described in Sections 170(b)(1)(A)(iv) and 170(b)(1)(A)(vi) (Complete only if you checked the box on line 5, 7, or 8 of Part I or if the
organization failed to qualify under Part III. If the organization fails to
qualify under the tests listed below, please complete Part III.)
Section A. Public Support
Calendar year (or fiscal year beginning in)
(a) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") ....
1,535,225
2,793,063
2,457,864
2,575,053
1,771,861
11,133,066
2
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf.......
0
3
The value of services or facilities furnished by a governmental unit to the organization without charge..
0
4
Total. Add lines 1 through 3
1,535,225
2,793,063
2,457,864
2,575,053
1,771,861
11,133,066
5
The portion of total contributions by each person (other than a governmental unit or publicly supported organization) included
on line 1 that exceeds 2% of the amount shown on line 11, column (f)..
8,034,934
6
Public support. Subtract line 5 from line 4.
3,098,132
Section B. Total Support
Calendar year
(or fiscal year beginning in)
(a) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(f) Total
7
Amounts from line 4..
1,535,225
2,793,063
2,457,864
2,575,053
1,771,861
11,133,066
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources...
1,874
634
353
19
576
3,456
9
Net income from unrelated business activities, whether or not the business is regularly carried on..
0
10
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)..
0
11
Total support (Add lines 7 through 10).
11,136,522
12
Gross receipts from related activities, etc. (see instructions)
..................
12
1,776,176
13
First five years.
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here........................................
Section C. Computation of Public Support Percentage
14
Public support percentage for 2012 (line 6, column (f) divided by line 11, column (f))
.........
14
27.820 %
15
Public support percentage for 2011 Schedule A, Part II, line 14
...............
15
29.800 %
16a
33 1/3% support test—2012.
If the organization did not check the box on line 13, and line 14 is 33 1/3% or more, check this box
and stop here. The organization qualifies as a publicly supported organization
.......................
b
33 1/3% support test—2011.
If the organization did not check a box on line 13 or 16a, and line 15 is 33 1/3% or more, check this
box and stop here. The organization qualifies as a publicly supported organization
.....................
17a
10%-facts-and-circumstances test—2012.
If the organization did not check a box on line 13, 16a, or 16b, and line 14
is 10% or more, and if the organization meets the "facts-and-circumstances" test, check this box and stop here. Explain
in Part IV how the organization meets the "facts-and-circumstances" test. The organization qualifies as a publicly supported
organization
.....................................................
b
10%-facts-and-circumstances test—2011.
If the organization did not check a box on line 13, 16a, 16b, or 17a, and line
15 is 10% or more, and if the organization meets the "facts-and-circumstances" test, check this box and stop here.
Explain in Part IV how the organization meets the "facts-and-circumstances" test. The organization qualifies as a publicly supported organization
................................................
18
Private foundation.
If the organization did not check a box on line 13, 16a, 16b, 17a, or 17b, check this box and see
instructions
.....................................................
Schedule A (Form 990 or 990-EZ) 2012
Schedule A (Form 990 or 990-EZ) 2012
Page 3
Part III
Support Schedule for Organizations Described in Section 509(a)(2) (Complete only if you checked the box on line 9 of Part I or if the organization
failed to qualify under Part II. If the organization fails to qualify under
the tests listed below, please complete Part II.)
Section A. Public Support
Calendar year (or fiscal year beginning in)
(a) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") .
2
Gross receipts from admissions, merchandise sold or services performed, or facilities furnished in any activity that is related to the organization's tax-exempt purpose......
3
Gross receipts from activities that are not an unrelated trade or business under section 513..
4
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf...
5
The value of services or facilities furnished by a governmental unit to the organization without charge..
6
Total. Add lines 1 through 5.
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
b
Amounts included on lines 2 and 3 received from other than disqualified persons that exceed the greater of $5,000 or 1% of the amount on line 13 for the year.
c
Add lines 7a and 7b..
8
Public support (Subtract line 7c from line 6.)
Section B. Total Support
Calendar year (or fiscal year beginning in)
(a) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(f) Total
9
Amounts from line 6...
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
c
Add lines 10a and 10b.
11
Net income from unrelated business activities not included in line 10b, whether or not the business is regularly carried on.
12
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)
..
13
Total support. (Add lines 9, 10c, 11, and 12.)..
14
First five years.
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here.............................................
Section C. Computation of Public Support Percentage
15
Public support percentage for 2012 (line 8, column (f) divided by line 13, column (f))
.........
15
16
Public support percentage from 2011 Schedule A, Part III, line 15
...............
16
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2012 (line 10c, column (f) divided by line 13, column (f))
......
17
18
Investment income percentage from 2011 Schedule A, Part III, line 17
.............
18
19a
33 1/3% support tests—2012.
If the organization did not check the box on line 14, and line 15 is more than 33 1/3%, and line 17 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
........
b
33 1/3% support tests—2011.
If the organization did not check a box on line 14 or line 19a, and line 16 is more than 33 1/3% and line 18 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
.....
20
Private foundation.
If the organization did not check a box on line 14, 19a, or 19b, check this box and see instructions
.....
Schedule A (Form 990 or 990-EZ) 2012
Schedule A (Form 990 or 990-EZ) 2012
Page 4
Part IV
Supplemental Information.
Complete this part to provide the explanations required by Part II, line 10; Part II, line 17a or 17b; and Part III, line 12. Also complete this part for any additional information. (See instructions).
Facts And Circumstances Test
Part II, Line 17b--FACTS & CIRCUMSTANCES TESTThe Texas Defender Service (TDS) submits that throughout its existence to date and in the future, it qualifies as a public charity under Internal Revenue Code 509(a)(1) by satisfying the requirements of Regulations 1.170A-9(f)(3) as follows: (i). Ten Percent Test: Texas Defender Service has historically and normally can be expected in the future to receive over 10% of its total support from the general public. (ii). Attraction of Public Support: Texas Defender Service is dedicated to promoting a fair and just criminal justice system in Texas. TDS has attracted the support of many small family foundations, Texas-based organizations and individuals since it began in 1995. From its inception until 2007, TDS had 33 1/3% or more of its support come from the public. 2008 was the first year that the balance of public funding fell below this amount, primarily due to increased funding from two large foundations which have helped TDS to make qualitative leaps in its ability to fulfill its mission. TDS continues to have an active outreach to small and major donors through the annual appeal drive which typically garners a hundred or more donations from individuals and firms. TDS focuses fundraising efforts in the legal community and receives support from attorneys throughout Texas and the nation. In addition to the annual appeal, TDS applies for and receives grants from numerous publicly supported and family foundations. TDS will continue to strive to increase the amount of public support it receives through increased and varied fundraising appeals and public events. (iii). Percentage of Financial Support: TDS received above 33-1/3% of its total support from public sources in its first twelve years and can reasonably expect to return to that ratio. TDS continues to increase the amount received from individual donors and to improve fundraising efforts. TDS believes that the ratio will again be above the 33 1/3 ratio over the next year or two as new initiatives have a chance to affect fundraising sources.(iv). Sources of Support: TDS receives its support from a representative number of foundations and individuals, rather than receiving almost all of its support from the members of a single family or small group of individuals. TDS has to date received gifts from over 100 contributors. Every year TDS has 10-12 law students who volunteer for 40 hours a week for an average of 10 weeks. These students help with special case and issue specific research and writing projects that TDS simply could not do if it were not for their help. Their support enriches TDS' work significantly with each student volunteer offering approximately 400 hours of assistance.(v) Representative Governing Body: TDS' governing body is composed of 11 members of the legal community, none of whom serves as the executive director or on the board of a funding organization. (vi). Availability of Facilities or Services and Public Participation: TDS' programs impact the entire community on Texas' death row and their family members. Because TDS' work impacts the entire criminal justice system in Texas, its programs impact all Texans in creating a criminal justice system that is fairer, more just and more respectful of civil and human rights for everyone in the state. CONCLUSION: Texas Defender Service believes it qualifies as a publicly supported charity described in IRC 509(a)(1) pursuant to the facts and circumstances test found in Treasury Regulation 1.170A-9(f)(3). TDS has and will receive well in excess of ten percent (10%) of its total support from qualifying public sources. It serves the entire population of Texas' death row and all Texans in fighting for a more just criminal justice system. TDS is governed by a public board and possesses all the characteristics that describe organizations that meet this test.
Explanation
Schedule A (Form 990 or 990-EZ) 2012
Additional Data
Software ID:
12000229
Software Version:
2012v2.0
-
TIN:
SCHEDULE O (Form 990 or 990-EZ)
Department of the Treasury Internal Revenue Service
Supplemental Information to Form 990 or 990-EZ
Complete to provide information for responses to specific questions on
Form 990 or to provide any additional information.
Attach to Form 990 or 990-EZ.
OMB No. 1545-0047
2012
Open to Public Inspection
Name of the organization
Texas Defender Service
Employer identification number
76-0481649
Identifier
Return Reference
Explanation
Form 990, Part VI, Line 19
Form 990, Part VI, Line 19: Other Organization Documents Publicly Available
All governing documents, conflict of interest policy and financial statements are available upon request.
Form 990, Part VI, Line 15b
Form 990, Part VI, Line 15b: Compensation Review and Approval Process for Officers and Key Employees
The Executive Director sets the salaries of other employees in consultation with the board of directors. Salaries are set based on an existing internal salary scale which is compared to the salary scale of Federal Public Defenders in a similar position of responsibility.
Form 990, Part VI, Line 15a
Form 990, Part VI, Line 15a: Compensation Review & Approval Process - CEO, Top Management
The salary of the Executive Director is determined by the board of directors. Data regarding the salaries of other similarly sized non-profits is used to compare compensation.
Form 990, Part VI, Line 12c
Form 990, Part VI, Line 12c: Explanation of Monitoring and Enforcement of Conflicts
The officers and directors of TDS are required to report any conflicts of interest throughout the year. Any conflicts reported are discussed by the governing body which decides how to handle the conflict of interest.
Form 990, Part VI, Line 11b
Form 990, Part VI, Line 11b: Form 990 Review Process
The Director of Finance and Administration reviews the 990 after it has been prepared by outside accountants; the Executive Director then sends it to the board of directors for comment prior to filing with the IRS. The board of directors has no less than 30 days to review the 990 prior to filing and during that period is invited to submit questions and comments regarding the 990 to the Chairperson of the board.
Form 990, Part III, Line 4d
Form 990, Part III, Line 4d: Other Program Services Description
OTHER PROGRAM SERVICES 4: The Capital Communications Project implements public education strategies to help increase success in capital litigation. The project develops and provides information to the public and interested stakeholders about the facts of these cases. OTHER PROGRAM SERVICES 5: The Prosecutorial Accountability Project (PAP) supports a climate of accountability for prosecutors. Through education and advocacy, PAP promotes better understanding and utilization of the appropriate regulatory authorities in cases where misconduct occurs. OTHER PROGRAM SERVICES 6: The StandDown Texas Project maintains a website that is constantly updated to allow interested parties to be aware of the most current issues in indigent defense and capital punishment issues and maintains several different listserves to communicate with general audiences and highly issue-specific groups, including mental health criminal justice groups. OTHER PROGRAM SERVICES 7: The Atlantic Center for Capital Representation (ACCR) is a regional death penalty representation project based in Philadelphia.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.