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.