By Naishtat                                           H.B. No. 1498
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the participation in pro bono legal services to
    1-3  low-income Texans by prosecutors.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 41 of the Texas Government Code is
    1-6  amended by adding Section 41.014 to read as follows:
    1-7        Sec. 41.014  Pro bono legal services to low-income Texans.
    1-8        (a)  Prosecuting attorneys and assistant prosecuting
    1-9  attorneys subject to the provisions of this chapter and chapter 46
   1-10  shall not be prohibited from providing pro bono legal services to
   1-11  the poor without compensation.
   1-12        (b)  In this section, pro bono legal services to the poor
   1-13  includes:
   1-14              (1)  the direct provision of legal services to the
   1-15  poor, without an expectation of compensation, whether civil or
   1-16  criminal;
   1-17              (2)  uncompensated legal services rendered to
   1-18  charitable, public interest organizations with respect to matters
   1-19  or projects designed predominantly to address the needs of poor
   1-20  persons;
   1-21        (c)  Pro bono legal services to the poor provided by a
   1-22  prosecuting attorney or assistant prosecuting attorney shall not
   1-23  interfere with the official duties of the attorney and shall not be
    2-1  deemed within the scope of employment of the attorney.
    2-2        (d)  The State of Texas and its subdivisions assume no
    2-3  liability for the pro bono activities performed under this section.
    2-4        (e)  The provision of pro bono legal services to the poor as
    2-5  authorized by this section shall not constitute the private
    2-6  practice of law.
    2-7        SECTION 2.  Effective Date.  This Act takes effect September
    2-8  1, 1993.
    2-9        SECTION 3.  The importance of this legislation and the
   2-10  crowded condition of the calendars in both houses create an
   2-11  emergency and an imperative public necessity that the
   2-12  constitutional rule requiring bills to be read on three several
   2-13  days in each house be suspended, and this rule is hereby suspended.