By Hilbert                                            H.B. No. 1421
       74R1322 DAK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the liability of court-appointed attorneys for damages
    1-3  arising from the representation of indigent clients.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter B, Chapter 7, Civil Practice and
    1-6  Remedies Code, is amended by adding Section 7.012 to read as
    1-7  follows:
    1-8        Sec. 7.012.  LIABILITY IN REPRESENTATION OF INDIGENT
    1-9  DEFENDANT.  An attorney appointed by a court to represent a person
   1-10  because of the indigency of the person is liable for damages
   1-11  arising from negligence in the representation only in an amount
   1-12  that does not exceed the gross amount paid the attorney for the
   1-13  representation.
   1-14        SECTION 2.  This Act takes effect September 1, 1995, and
   1-15  applies only to the recovery of damages arising from the
   1-16  appointment of an attorney by a court on or after that date.  The
   1-17  recovery of damages arising from the appointment of an attorney by
   1-18  a court before the effective date of this Act is governed by the
   1-19  law in effect at the time the attorney was appointed, and that law
   1-20  is continued in effect for that purpose.
   1-21        SECTION 3.  The importance of this legislation and the
   1-22  crowded condition of the calendars in both houses create an
   1-23  emergency and an imperative public necessity that the
   1-24  constitutional rule requiring bills to be read on three several
    2-1  days in each house be suspended, and this rule is hereby suspended.