The U.S. Constitution (and probably also the Texas Constitution) provides for a right to appointed counsel in criminal matters. As interpreted by the U.S. Supreme Court, this means that a person unable to afford a private attorney may have one appointed by the court. However, each state gets to determine the criteria for indigency, and the right does not exist where there is no possibility of incarceration. State law may afford greater rights than the U.S. Constitution does.