73R6271 MWV-F By Naishtat H.B. No. 1499 Substitute the following for H.B. No. 1499: By Thompson of Harris C.S.H.B. No. 1499 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to certain attorney employees of the state providing pro 1-3 bono legal services to the indigent. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 421, Acts of the 63rd Legislature, 1-6 Regular Session, 1973 (Article 6252-9b, Vernon's Texas Civil 1-7 Statutes), is amended by adding Section 8B to read as follows: 1-8 Sec. 8B. PRO BONO LEGAL SERVICES. (a) An attorney who is a 1-9 state employee, other than a state employee described by Section 1-10 2(7)(B) of this Act, may provide pro bono legal services to the 1-11 indigent if providing the services does not conflict with the 1-12 attorney's official duties or the interests of the state. 1-13 (b) In this section, pro bono legal services to the indigent 1-14 include civil or criminal legal services rendered without 1-15 expectation of compensation either directly to the indigent or to a 1-16 charitable, public-interest organization regarding matters 1-17 primarily addressing the needs of the indigent. 1-18 (c) An agency or legislative office may adopt guidelines 1-19 relating to the participation of attorneys in pro bono legal 1-20 services. 1-21 (d) Providing pro bono services as authorized by this 1-22 section is not within the scope of employment of the attorney and 1-23 the attorney may not represent to any person that the attorney is 2-1 acting on behalf of the state. 2-2 (e) The state is not liable for damages caused by pro bono 2-3 activities performed under this section. 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.