1-1  By:  Naishtat (Senate Sponsor - Barrientos)           H.B. No. 1498
    1-2        (In the Senate - Received from the House May 10, 1993;
    1-3  May 12, 1993, read first time and referred to Committee on
    1-4  Jurisprudence; May 18, 1993, reported favorably, as amended, by the
    1-5  following vote:  Yeas 4, Nays 0; May 18, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Henderson          x                               
    1-9        Harris of Tarrant  x                               
   1-10        Brown                                         x    
   1-11        Harris of Dallas   x                               
   1-12        Luna               x                               
   1-13        Parker                                        x    
   1-14        West                                          x    
   1-15  COMMITTEE AMENDMENT NO. 1                    By:  Harris of Tarrant
   1-16  Amend H.B. 1498 in Section 41.014(b) on page 1, line 38, after the
   1-17  word "duties" by inserting the words "or regularly compensated
   1-18  hours of employment".
   1-19                         A BILL TO BE ENTITLED
   1-20                                AN ACT
   1-21  relating to prosecutors providing pro bono legal services to the
   1-22  indigent.
   1-23        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-24        SECTION 1.  Subchapter A, Chapter 41, Government Code, is
   1-25  amended by adding Section 41.014 to read as follows:
   1-26        Sec. 41.014.  PRO BONO LEGAL SERVICES.  (a)  In this section:
   1-27              (1)  "Pro bono legal services to the indigent" includes
   1-28  civil  legal services rendered without expectation of compensation
   1-29  either directly to the indigent or to a charitable public interest
   1-30  organization regarding matters primarily addressing the needs of
   1-31  the indigent.
   1-32              (2)  "Prosecutor" means a county attorney, district
   1-33  attorney, criminal district attorney, assistant county attorney,
   1-34  assistant district attorney, or assistant criminal district
   1-35  attorney.
   1-36        (b)  A prosecutor may provide pro bono legal services to the
   1-37  indigent if providing the services does not interfere with the
   1-38  prosecutor's official duties.
   1-39        (c)  Providing pro bono legal services to the indigent as
   1-40  authorized by this section is not within the scope of employment of
   1-41  the prosecutor, and the state or a political subdivision of the
   1-42  state is not liable for damages that result from providing the
   1-43  services.
   1-44        (d)  Providing pro bono legal services to the indigent under
   1-45  this section does not constitute the private practice of law.
   1-46        SECTION 2.  This Act takes effect September 1, 1993.
   1-47        SECTION 3.  The importance of this legislation and the
   1-48  crowded condition of the calendars in both houses create an
   1-49  emergency and an imperative public necessity that the
   1-50  constitutional rule requiring bills to be read on three several
   1-51  days in each house be suspended, and this rule is hereby suspended.
   1-52                               * * * * *
   1-53                                                         Austin,
   1-54  Texas
   1-55                                                         May 18, 1993
   1-56  Hon. Bob Bullock
   1-57  President of the Senate
   1-58  Sir:
   1-59  We, your Committee on Jurisprudence to which was referred H.B. No.
   1-60  1498, have had the same under consideration, and I am instructed to
   1-61  report it back to the Senate with the recommendation that it do
   1-62  pass, as amended, and be printed.
   1-63                                                         Henderson,
   1-64  Chairman
   1-65                               * * * * *
   1-66                               WITNESSES
   1-67                                                  FOR   AGAINST  ON
   1-68  ___________________________________________________________________
    2-1  Name:  Julie Oliver                              x
    2-2  Representing:  State Bar of Texas
    2-3  City:  Austin
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    2-5  Name:  Tom Krampitz                                            x
    2-6  Representing:  Tx Dist. & CTY Attys Assoc.
    2-7  City:  Austin
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