By: Barrientos S.B. No. 1179
73R2405 ESH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the provision of free legal services to low income
1-3 individuals.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. DEFINITION. In this Act, "pro bono legal
1-6 services" means legal services provided, in connection with civil
1-7 suits or other civil matters, without cost to a low income
1-8 individual or to a nonprofit group that serves low income
1-9 individuals.
1-10 SECTION 2. TEXAS PRO BONO LEGAL SERVICES PLAN. (a) On or
1-11 before September 1, 1993, the board of directors of the State Bar
1-12 of Texas shall adopt and file with the clerk of the supreme court a
1-13 written plan entitled the "Texas Pro Bono Legal Services Plan" to
1-14 encourage members of the State Bar of Texas to provide pro bono
1-15 legal services.
1-16 (b) The plan must require each member of the State Bar of
1-17 Texas to file an annual verified report with the state bar on or
1-18 before January 15 of each year, describing the pro bono legal
1-19 services rendered by the member during the preceding calendar year.
1-20 The first report under this section must be filed on or before
1-21 January 15, 1995, and cover the year 1994.
1-22 SECTION 3. REPORT ON TEXAS PRO BONO LEGAL SERVICES PLAN. On
1-23 or before March 1, 1995, the board of directors of the State Bar of
1-24 Texas shall file with the clerk of the supreme court a report on
2-1 the implementation and results of the Texas Pro Bono Legal Services
2-2 Plan. The report must include:
2-3 (1) the number of members of the State Bar of Texas on
2-4 January 1, 1994;
2-5 (2) the percentage of members listed in Subdivision
2-6 (1) of this section complying with the reporting requirement under
2-7 Section 2 of this Act; and
2-8 (3) the percentage of members listed in Subdivision
2-9 (1) of this section who reported:
2-10 (A) performing any pro bono legal services
2-11 during 1994;
2-12 (B) performing at least 25 hours of pro bono
2-13 legal services during 1994; and
2-14 (C) performing at least 50 hours of pro bono
2-15 legal services during 1994.
2-16 SECTION 4. SUPREME COURT RULES. If the State Bar of Texas
2-17 report under Section 3 of this Act indicates that fewer than 80
2-18 percent of attorneys who were members of the state bar on January
2-19 1, 1994, provided at least 50 hours of pro bono legal services
2-20 during 1994, the supreme court shall adopt, on or before September
2-21 1, 1995, rules requiring members of the state bar to provide pro
2-22 bono legal services. The rules must, as specified by the supreme
2-23 court:
2-24 (1) require each nonexempt attorney to provide at
2-25 least 50 hours of pro bono legal services each year;
2-26 (2) require each nonexempt attorney to report annually
2-27 the amount of pro bono legal services performed in the preceding
3-1 year;
3-2 (3) define pro bono legal services;
3-3 (4) provide a monetary contribution option, in an
3-4 amount of $50 per hour, allowing a member who chooses not to
3-5 provide direct pro bono legal services to fulfill the obligation to
3-6 provide pro bono legal services through a monetary contribution
3-7 paid to the State Bar of Texas to be used to fund a state bar
3-8 approved program to provide pro bono legal services;
3-9 (5) define exemptions, including an exemption for:
3-10 (A) an attorney prohibited by law from providing
3-11 legal services that qualify as pro bono legal services; and
3-12 (B) an attorney who, as a result of financial,
3-13 physical, or personal hardship, is unable to fulfill in whole or in
3-14 part the minimum service or the monetary contribution option
3-15 requirement; and
3-16 (6) provide a mechanism for enforcing compliance by a
3-17 nonexempt attorney who fails to meet the minimum service or
3-18 monetary contribution option requirement.
3-19 SECTION 5. EMERGENCY. The importance of this legislation
3-20 and the crowded condition of the calendars in both houses create an
3-21 emergency and an imperative public necessity that the
3-22 constitutional rule requiring bills to be read on three several
3-23 days in each house be suspended, and this rule is hereby suspended,
3-24 and that this Act take effect and be in force from and after its
3-25 passage, and it is so enacted.