SRC-JBJ C.S.S.B. 1369 77(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1369
77R11049 KLA-DBy: Van de Putte
Jurisprudence
4/24/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, participants in the Texas Young Lawyers Association (TYLA) child
support enforcement project serve under the program for one year and appear
in court once every quarter for a full day of service.  In return, a
participant receives 6.25 hours of continuing legal education.  C.S.S.B.
1369 allows TYLA to credit a participant with the full continuing legal
education requirement, currently at 15 hours, and requires the State Bar of
Texas, using funds other than state-appropriated funds, to provide legal
malpractice insurance coverage to a participant. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the attorney general in
SECTION 1 (Section 402.010, Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 402A, Government Code, by adding Section
402.010, as follows: 

Sec. 402.010.  PRO BONO COMMUNITY SERVICE PROGRAMS; LIMITATION ON
LIABILITY.  (a)  Authorizes the attorney general to develop pro bono
community service programs to provide legal services to facilitate
proceedings involving child support.  Requires a program developed under
this section to be administered by the attorney general.  

(b)  Authorizes the attorney general to adopt rules governing a program
under this section.  
 
(c)  Requires the State Bar of Texas, using funds other than
state-appropriated funds, to provide legal malpractice insurance coverage
for attorneys who participate as volunteers in a program under this section
for acts performed during that participation.  

SECTION 2.  Amends Section 81.113, Government Code, by amending Subsection
(b) and adding Subsection (c), to require an attorney credited for
continuing legal education under Subsection (a) or (c) to meet the
continuing legal education requirements of the state bar in legal ethics or
professional responsibility.  Requires the state bar, except as provided by
Subsection (b), to credit an attorney licensed in this state with meeting
the minimum continuing legal education requirements of the state bar for a
reporting year if, for the entire reporting year, the attorney participates
in a pro bono community service program developed by the attorney general
under Section 402.010.  

SECTION 3.  Effective date: upon passage or September 1, 2001.
                  Makes application of this Act prospective. 


SUMMARY OF COMMITTEE CHANGES

Differs from the original by amending the relating clause.
 
SECTION 1.  Differs from the original by amending previously proposed
provisions regarding pro bono community service programs and the limitation
on liability of the attorneys who participate as volunteers in the program. 

SECTION 2.  No change.

SECTION 3.  Differs from the original by amending the previously proposed
effective date of this Act.