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.