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.