By Naishtat H.B. No. 875 75R329 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, 1997. 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.