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.