By Wilson H.B. No. 650
74R1012 MLR-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to donations to a state agency by certain attorneys.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subtitle G, Title 2, Government Code, is amended
1-5 by adding Chapter 84 to read as follows:
1-6 CHAPTER 84. DONATION BY ATTORNEY
1-7 Sec. 84.001. DEFINITIONS. In this chapter:
1-8 (1) "Court-appointed attorney" means an attorney
1-9 appointed by a court to represent a person and includes an attorney
1-10 appointed ad litem.
1-11 (2) "Donation" means a gift, grant, payment, devise,
1-12 bequest, or funding of money.
1-13 (3) "State agency" means a board, commission,
1-14 department, office, or other agency that:
1-15 (A) is in a branch of state government;
1-16 (B) was created by the constitution or a statute
1-17 of this state; and
1-18 (C) has statewide jurisdiction.
1-19 Sec. 84.002. ATTORNEY DONATION TO AGENCY. (a) A state
1-20 agency may accept a donation made by a court-appointed attorney
1-21 under this chapter.
1-22 (b) A court-appointed attorney may donate a fee that would
1-23 have been generated by an appointment to the state agency of the
1-24 attorney's choice.
2-1 (c) The supreme court by rule shall provide a payment waiver
2-2 system that authorizes a court-appointed attorney to donate the fee
2-3 generated by an appointment to a state agency.
2-4 Sec. 84.003. FEE TRANSFER. (a) The custodian of the county
2-5 treasury shall keep a record of the amount of the fees collected
2-6 under Section 84.002 and, on or before the last day of the month
2-7 following each calendar quarter, remit to the comptroller the fees
2-8 collected under Section 84.002 in the preceding quarter. The
2-9 custodian of the county treasury may retain 10 percent of the fees
2-10 collected under Section 84.002 and the interest as a service fee if
2-11 the custodian of the treasury keeps records of the amount of fees
2-12 on deposit collected under Section 84.002 and remits the funds to
2-13 the comptroller within the period prescribed by this section.
2-14 (b) The comptroller shall deposit a fee remitted under this
2-15 section to the credit of the fund or account specified by the
2-16 agency designated by the donor attorney under Section 84.002(b).
2-17 Sections 403.094 and 403.095 do not apply to funds or accounts
2-18 designated under this subsection. Money donated under this section
2-19 may be appropriated only to the agency designated by the attorney
2-20 donating the money. Money deposited under this section is
2-21 supplementary and is not income for purposes of reducing general
2-22 revenue appropriations to the agency that received the donation in
2-23 the General Appropriations Act.
2-24 SECTION 2. The supreme court shall adopt the rules required
2-25 by Section 84.002(c), Government Code, as added by this Act, not
2-26 later than January 1, 1996.
2-27 SECTION 3. The importance of this legislation and the
3-1 crowded condition of the calendars in both houses create an
3-2 emergency and an imperative public necessity that the
3-3 constitutional rule requiring bills to be read on three several
3-4 days in each house be suspended, and this rule is hereby suspended.