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.