73R7435 MWV-D By Naishtat H.B. No. 1498 Substitute the following for H.B. No. 1498: By Thompson of Harris C.S.H.B. No. 1498 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to prosecutors providing pro bono legal services to the 1-3 indigent. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter A, Chapter 41, Government Code, is 1-6 amended by adding Section 41.014 to read as follows: 1-7 Sec. 41.014. PRO BONO LEGAL SERVICES. (a) In this section: 1-8 (1) "Pro bono legal services to the indigent" includes 1-9 civil or criminal legal services rendered without expectation of 1-10 compensation either directly to the indigent or to a charitable 1-11 public interest organization regarding matters primarily addressing 1-12 the needs of the indigent. 1-13 (2) "Prosecutor" means a county attorney, district 1-14 attorney, criminal district attorney, assistant county attorney, 1-15 assistant district attorney, or assistant criminal district 1-16 attorney. 1-17 (b) A prosecutor may provide pro bono legal services to the 1-18 indigent if providing the services does not interfere with the 1-19 prosecutor's official duties. 1-20 (c) Providing pro bono legal services to the indigent as 1-21 authorized by this section is not within the scope of employment of 1-22 the prosecutor, and the state or a political subdivision of the 1-23 state is not liable for damages that result from providing the 2-1 services. 2-2 (d) Providing pro bono legal services to the indigent under 2-3 this section does not constitute the private practice of law. 2-4 SECTION 2. This Act takes effect September 1, 1993. 2-5 SECTION 3. The importance of this legislation and the 2-6 crowded condition of the calendars in both houses create an 2-7 emergency and an imperative public necessity that the 2-8 constitutional rule requiring bills to be read on three several 2-9 days in each house be suspended, and this rule is hereby suspended.