By: de la Garza H.B. No. 1440 73R3578 MWV-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the requirement of pro bono legal services by certain 1-3 attorneys. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 21, Government Code, is amended by adding 1-6 Section 21.010 to read as follows: 1-7 Sec. 21.010. RESTRICTIONS ON APPOINTMENT OF COUNSEL. (a) 1-8 In this section, "pro bono legal services" means legal services 1-9 provided without compensation to an indigent person by an attorney. 1-10 (b) A court may not appoint an attorney to serve as attorney 1-11 ad litem in any case unless the attorney supplies proof to the 1-12 judge that the attorney has: 1-13 (1) performed at least 50 hours of pro bono legal 1-14 services in the preceding year; 1-15 (2) provided legal services as appointed counsel in 1-16 the preceding year to at least three indigent criminal defendants; 1-17 (3) filed written notice with the district clerk 1-18 stating that the attorney is available for representation of 1-19 indigent criminal defendants; and 1-20 (4) on or before January 1, filed a sworn affidavit 1-21 with the district clerk affirming the attorney's compliance with 1-22 Subsections (1) and (2) for the preceding calendar year. 1-23 (c) This section does not apply in a county in which a 1-24 public defender's office represents indigent criminal defendants. 2-1 (d) A person who has knowledge of a violation of this 2-2 section by an attorney shall notify the State Bar of Texas not 2-3 later than the 30th day after the date the person knows of the 2-4 violation. 2-5 (e) An attorney ad litem who was eligible under this section 2-6 at the time of assignment but who later becomes ineligible under 2-7 this section may continue to serve as an attorney ad litem for 2-8 assignments made while eligible. 2-9 SECTION 2. Notwithstanding Section 21.010, Government Code, 2-10 as added by this Act, to be appointed to serve as an attorney ad 2-11 litem as provided by that section during 1994, an attorney must 2-12 have filed the notice required by Section 21.010(b)(3), Government 2-13 Code, not later than September 1, 1993. 2-14 SECTION 3. The importance of this legislation and the 2-15 crowded condition of the calendars in both houses create an 2-16 emergency and an imperative public necessity that the 2-17 constitutional rule requiring bills to be read on three several 2-18 days in each house be suspended, and this rule is hereby suspended, 2-19 and that this Act take effect and be in force from and after its 2-20 passage, and it is so enacted.