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.