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
2-4 -------------------------------------------------------------------
2-5 Name: Tom Krampitz x
2-6 Representing: Tx Dist. & CTY Attys Assoc.
2-7 City: Austin
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