By Naishtat                                           H.B. No. 2709
       74R4650 MWV-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to certain attorney employees of the state providing pro
    1-3  bono legal services.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter C, Chapter 572, Government Code, is
    1-6  amended by adding Section 572.059 to read as follows:
    1-7        Sec. 572.059.  PRO BONO LEGAL SERVICES.  (a)  An attorney who
    1-8  is a state employee, other than a state employee described by
    1-9  Section 572.002(11)(B), may not be prohibited from providing pro
   1-10  bono legal services to an indigent individual or to a charitable,
   1-11  public-interest organization if the services do not conflict with
   1-12  the attorney's official duties or required compensated hours of
   1-13  service, or the interests of the state, and do not result in
   1-14  additional costs or damage to the state.
   1-15        (b)  In this section, pro bono legal services include only
   1-16  civil legal services rendered, without expectation of compensation,
   1-17  either directly to the indigent individual or to the charitable,
   1-18  public-interest organization regarding issues relating to
   1-19  indigence.
   1-20        (c)  Each state agency and each agency, council, and
   1-21  committee of the legislature that employs an attorney, other than
   1-22  an attorney described by Section 572.002(11)(B),  shall adopt
   1-23  guidelines that are consistent with this section relating to the
   1-24  participation of attorneys in pro bono legal services.
    2-1        (d)  Providing pro bono legal services as authorized by this
    2-2  section is not within the scope of employment of an attorney, and
    2-3  the attorney may not represent to any person that the attorney is
    2-4  acting on behalf of the state.
    2-5        (e)  The state is not liable for damages caused by pro bono
    2-6  activities performed under this section.
    2-7        SECTION 2.  This Act takes effect September 1, 1995.
    2-8        SECTION 3.  The importance of this legislation and the
    2-9  crowded condition of the calendars in both houses create an
   2-10  emergency and an imperative public necessity that the
   2-11  constitutional rule requiring bills to be read on three several
   2-12  days in each house be suspended, and this rule is hereby suspended.