By: West S.B. No. 1210
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain attorneys and law clerks employed by a court.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subtitle D, Title 2, Government Code, is amended
1-5 by adding Chapter 57 to read as follows:
1-6 CHAPTER 57. STAFF ATTORNEYS AND LAW CLERKS; CONFLICT
1-7 OF INTEREST
1-8 Sec. 57.001. APPLICABILITY OF CHAPTER. This chapter applies
1-9 only to an attorney or law clerk employed by a court of this state
1-10 for a specified and limited term.
1-11 Sec. 57.002. CERTAIN CONDUCT PROHIBITED. Except as provided
1-12 by Section 57.003 during the actual term of employment with the
1-13 court, an attorney or law clerk subject to this chapter may not:
1-14 (1) negotiate for or accept employment with a law firm
1-15 or another private entity except as prescribed by the supreme
1-16 court; or
1-17 (2) accept a benefit from a law firm or another
1-18 private entity in connection with anticipated employment by the
1-19 firm or entity if the law clerk or attorney knows or should know
1-20 that the benefit is offered, conferred, or agreed to be conferred
1-21 to influence or attempt to influence the law clerk or attorney in
1-22 the performance of the law clerk's or attorney's duty as an
1-23 employee of the court.
1-24 Sec. 57.003. PRIOR OFFER OF EMPLOYMENT. This chapter does
1-25 not prohibit the employment of an attorney or law clerk by a court
2-1 solely because, before actual employment with the court begins, the
2-2 attorney or law clerk:
2-3 (1) accepts an offer of employment with a law firm or
2-4 other private entity that begins after the date the attorney's or
2-5 law clerk's employment with the court terminates; or
2-6 (2) accepts a benefit from a law firm or another
2-7 private entity in connection with anticipated employment by the
2-8 firm or entity unless the law clerk or attorney knows or should
2-9 know that the benefit is offered, conferred, or agreed to be
2-10 conferred to influence or attempt to influence the law clerk or
2-11 attorney in the performance of the law clerk's or attorney's duty
2-12 as an employee of the court.
2-13 Sec. 57.004. DISCLOSURE. (a) An attorney or law clerk
2-14 subject to this chapter who has, in accordance with Section 57.003
2-15 and the requirements of the supreme court, entered into an
2-16 agreement for employment with or accepted a benefit from a law firm
2-17 or another private entity shall file a statement with the clerk of
2-18 the court. The statement must include:
2-19 (1) the name of the attorney or law clerk;
2-20 (2) the name of the law firm or other private entity;
2-21 (3) any benefit the attorney or law clerk has received
2-22 or anticipates receiving from the law firm or other private entity
2-23 in connection with the employment; and
2-24 (4) any other information required by court rule.
2-25 (b) Information filed under this section is a public record.
2-26 Sec. 57.005. REQUIRED RECUSAL. (a) An attorney or law
3-1 clerk subject to this chapter who, in accordance with Section
3-2 57.003 and the requirements of the supreme court, entered into an
3-3 agreement for employment with or accepted a benefit from a law firm
3-4 or another private entity may not participate during the employment
3-5 with the court in any matter before the court that involves the law
3-6 firm or private entity. After the termination of employment with
3-7 the court, the attorney or law clerk may not participate on behalf
3-8 of the law firm or private entity in any matter that was pending
3-9 before the court during the period the attorney or law clerk was
3-10 employed by the court.
3-11 (b) A recusal from participation in a matter under
3-12 Subsection (a) must be made by public order of the court.
3-13 Sec. 57.006. SANCTIONS. An attorney who violates this
3-14 chapter is subject to sanctions by the State Bar of Texas.
3-15 SECTION 2. Subsection (a), Section 36.10, Penal Code, is
3-16 amended to read as follows:
3-17 (a) Sections 36.08 (Gift to Public Servant) and 36.09
3-18 (Offering Gift to Public Servant) do not apply to:
3-19 (1) a fee prescribed by law to be received by a public
3-20 servant or any other benefit to which the public servant is
3-21 lawfully entitled or for which he gives legitimate consideration in
3-22 a capacity other than as a public servant;
3-23 (2) a gift or other benefit conferred on account of
3-24 kinship or a personal, professional, or business relationship
3-25 independent of the official status of the recipient; or
3-26 (3) a benefit to a public servant required to file a
4-1 statement under Chapter 572, Government Code, or a report under
4-2 Title 15, Election Code, that is derived from a function in honor
4-3 or appreciation of the recipient if:
4-4 (A) the benefit and the source of any benefit in
4-5 excess of $50 is reported in the statement; and
4-6 (B) the benefit is used solely to defray the
4-7 expenses that accrue in the performance of duties or activities in
4-8 connection with the office which are nonreimbursable by the state
4-9 or political subdivision;
4-10 (4) a political contribution as defined by Title 15,
4-11 Election Code;
4-12 (5) a gift, award, or memento to a member of the
4-13 legislative or executive branch that is required to be reported
4-14 under Chapter 305, Government Code;
4-15 (6) an item with a value of less than $50, excluding
4-16 cash or a negotiable instrument as described by Section 3.104,
4-17 Business & Commerce Code; [or]
4-18 (7) an item issued by a governmental entity that
4-19 allows the use of property or facilities owned, leased, or operated
4-20 by the governmental entity; or
4-21 (8) a benefit to a public servant who is subject to
4-22 Chapter 57, Government Code, if:
4-23 (A) the benefit is offered, conferred, or agreed
4-24 to be conferred by a law firm or another private entity in
4-25 connection with anticipated employment by the firm or entity; and
4-26 (B) the public servant complies with Chapter 57,
5-1 Government Code.
5-2 SECTION 3. Not later than the 90th day after the effective
5-3 date of this Act, the supreme court shall adopt rules as necessary
5-4 to implement Subdivision (1), Section 57.002, Government Code, as
5-5 added by this Act.
5-6 SECTION 4. This Act takes effect immediately if it receives
5-7 a vote of two-thirds of all the members elected to each house, as
5-8 provided by Section 39, Article III, Texas Constitution. If this
5-9 Act does not receive the vote necessary for immediate effect, this
5-10 Act takes effect September 1, 2001.