BILL ANALYSIS



H.B. 2709
By: Naishtat
May 7, 1995
Committee Report (Unamended)


BACKGROUND

There is currently no statute specifically regarding pro bono law
practice by state employed attorneys.  Consequently, there is a
perception by some state agency attorneys that they may be
prohibited from doing pro bono work.  In the absence of clear
statutory authorization, agency policy has dictated whether or not
pro bono legal services may be provided.  The State Bar of Texas
has recommended legislation that specifically authorizes pro bono
work by state agency and legislative office attorneys, so long as
it does not conflict with an attorney's official duties.

PURPOSE

HB 2709 specifically authorizes licensed attorneys employed by the
state to represent indigent clients on a pro bono basis. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill grants rulemaking
authority to each state agency, council, and committee of the
legislature that employs certain attorneys in SECTION 1 (Sec.
572.059 (c)).

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter C, Chapter 572, Government Code, by
           adding Section 572.059 PRO BONO LEGAL SERVICES as
           follows:

     (a) Allows attorneys employed by the state to provide free
     legal services to poor clients if they are not covered by Sec.
     572.002(1), Government Code, and if the services provided do
     not conflict with the employee's official duties, required
     compensated hours of service or the interests of the state and
     do not result in additional cost to the state.

     (b) Provides that pro bono legal services include only civil
     legal assistance, offered without expectation of compensation,
     to an indigent person or to a charitable public interest
     organization regarding issues relating to the indigent.
     
     (c) States that each state agency, council, and committee of
     the legislature employing an attorney other than an attorney
     described by Section 572.002(11)(B) shall adopt guidelines
     consistent with this section.

     (d) Provides that pro bono legal services provided under this
     section are not within the scope of an attorney's employment
     and that attorneys may not represent themselves as acting on
     behalf of the state to any client receiving pro bono legal
     services. 

     (e) The state is not liable for any damages caused by pro bono
     work performed under this section.

SECTION 2. Effective date: September 1, 1995

SECTION 3. Emergency clause.


SUMMARY OF COMMITTEE ACTION

Pursuant to public notice posted on April 26, 1995, the Committee
on State Affairs convened in a public hearing on May 1, 1995 to
consider HB 2709.  The Chair laid out HB 2709 and recognized Rep.
Naishtat to explain the bill.  The following persons testified for
the bill:  Julie Oliver representing the State Bar of Texas; and
Hannah Riddering representing the Texas National Organization for
Women.  The Chair recognized Rep. Naishtat to close.  The Chair
left HB 2709 pending.  In a formal meeting on May 4, 1995, the
Chair laid out HB 2709.  HB 2709 was reported favorably without
amendment with the recommendation that it do pass and be printed
and be sent to the Committee on Local and Consent Calendars which
prevailed by a record vote of 13 ayes, 0 nays, 0 pnv, 2 absent.