SRC-BWC C.S.S.B. 1210 77(R)    BILL ANALYSIS


Senate Research CenterC.S.S.B. 1210
77R10861 DLF-FBy: West, Royce
Jurisprudence
3/28/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Current law does not address conflicts of interest regarding staff
attorneys and law clerks employed by state courts.  C.S.S.B. 1210 prohibits
a law clerk or temporary attorney from negotiating for or accepting
employment with a law firm or other private entity during his or her
clerkship until the last six months of his or her clerkship.  It also
prohibits a law clerk from accepting a benefit from a law firm or other
entity if it violates bribery law.  C.S.S.B. 1210 also authorizes a
potential clerk to negotiate for employment with a firm or other private
entity prior to acceptance of a clerkship, and even to accept a benefit
(i.e. bonus) prior to the clerkship.  However, if prior acceptance of
employment or benefit occurs, the clerk must disclose that agreement or
benefit to the clerk of the court.  The information disclosed will be a
matter of public record. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 2D, Government Code, by adding Chapter 57, as
follows: 

CHAPTER 57.  STAFF ATTORNEYS AND LAW CLERKS; CONFLICT
OF INTEREST

Sec. 57.001 APPLICABILITY OF CHAPTER.  Provides that this chapter applies
only to an attorney or law clerk employed by a court of this state for a
specified and limited term. 

Sec. 57.002.  CERTAIN CONDUCT PROHIBITED.  Prohibits an attorney or law
clerk subject to this chapter from negotiating or accepting certain
employment or benefits during the actual term of employment with the court,
except as provided by Section 57.003 or 57.004. 

Sec. 57.003.  PRIOR OFFER OF EMPLOYMENT.  Provides that this chapter does
not prohibit the employment of an attorney or law clerk by a court solely
because, before actual employment with the court begins, the attorney or
law clerk:  accepts an offer of employment with a law firm or other private
entity that begins after the date the attorney's or law clerk's employment
with the court terminates, or accepts a benefit from a law firm or another
private entity in connection with anticipated employment by the firm or
entity unless the law clerk or attorney knows or should know that the
benefit is offered, conferred, or agreed to be conferred to influence or
attempt to influence the law clerk or attorney in the performance of the
law clerk's or attorney's duty as an employee of the court. 

Sec. 57.004.  PERMITTED NEGOTIATIONS.  Authorizes an attorney or law clerk
subject to this chapter to negotiate for or accept employment with a law
firm or another private entity after the 181st day before the date the
attorney's or law clerk's term of employment with the court is to end. 
 
Sec. 57.005.  DISCLOSURE.  Requires an attorney or law clerk subject to
this chapter who has, in accordance with Section 57.003 or 57.004, entered
into an agreement for employment with or accepted a benefit from a law firm
or another private entity to file a statement containing certain
information with the clerk of the court.  Provides that information filed
under this section is a public record and requires it to be made available
to any person on request. 

Sec. 57.006.  REQUIRED RECUSAL.  Prohibits an attorney or law clerk subject
to this chapter who, in accordance with Section 57.003 or 57.004, entered
into an agreement for employment with or accepted a benefit from a law firm
or another private entity from participating during the employment with the
court in any matter before the court that involves the law firm or private
entity.  Prohibits the attorney or law clerk, after the termination of
employment with the court, from participating on behalf of the law firm or
private entity in any matter that was pending before the court during the
period the attorney or law clerk was employed by the court.  Requires a
recusal from participation in a matter under this section to be made by
public order of the court. 

Sec. 57.007.  SANCTIONS.  Provides that an attorney that violates this
chapter is subject to sanctions by the State Bar of Texas. 

SECTION 2.  Amends Section 36.10(a), Penal Code, by providing that Sections
36.08 (Gift to Public Servant) and 36.09 (Offering Gift to Public Servant)
do not apply to a benefit to a public servant who is subject to Chapter 57,
Government Code, as added by this Act, if the benefit is offered,
conferred, or agreed to be conferred by a law firm or another private
entity in connection with the anticipated employment by the firm or entity
and the public servant complies with Chapter 57, Government Code. 

SECTION 3.  Effective date: upon passage or September 1, 2001.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.  Differs from As Filed version by adding new text to clarify
restrictions placed on attorneys and law clerks regarding the acceptance of
benefits from firms and entities.  Increases from 91 to 181 the number of
days before the end of employment with the court as the date after which an
attorney or law clerk can negotiate with a law firm or another private
entity.  Deletes text that allowed an attorney or law clerk to file a
disclosure statement with a public information officer designated by the
court.  Restates proposed text to prohibit an attorney or law clerk, after
employment with the court has ended, from participating in a case that was
pending before the court prior to the  termination of the attorney or law
clerk.  Adds a new section to state that an attorney who violates this
chapter is subject to sanctions by the State Bar of Texas. 

SECTION 2.  Adds a new SECTION 2 to provide that certain sections of the
Penal Code do not apply to the receiving of certain benefits by a public
servant. 

SECTION 3.  Renumbers proposed SECTION 2 as SECTION 3.