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 2-8 -------------------------------------------------------------------