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.