1-1 By: West S.B. No. 1210
1-2 (In the Senate - Filed March 7, 2001; March 8, 2001, read
1-3 first time and referred to Committee on Jurisprudence;
1-4 March 29, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 0; March 29, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1210 By: West
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to certain attorneys and law clerks employed by a court.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Subtitle D, Title 2, Government Code, is amended
1-13 by adding Chapter 57 to read as follows:
1-14 CHAPTER 57. STAFF ATTORNEYS AND LAW CLERKS; CONFLICT
1-15 OF INTEREST
1-16 Sec. 57.001. APPLICABILITY OF CHAPTER. This chapter applies
1-17 only to an attorney or law clerk employed by a court of this state
1-18 for a specified and limited term.
1-19 Sec. 57.002. CERTAIN CONDUCT PROHIBITED. Except as provided
1-20 by Section 57.003 or 57.004, during the actual term of employment
1-21 with the court, an attorney or law clerk subject to this chapter
1-22 may not:
1-23 (1) negotiate for or accept employment with a law firm
1-24 or another private entity; or
1-25 (2) accept a benefit from a law firm or another
1-26 private entity in connection with anticipated employment by the
1-27 firm or entity if the law clerk or attorney knows or should know
1-28 that the benefit is offered, conferred, or agreed to be conferred
1-29 to influence or attempt to influence the law clerk or attorney in
1-30 the performance of the law clerk's or attorney's duty as an
1-31 employee of the court.
1-32 Sec. 57.003. PRIOR OFFER OF EMPLOYMENT. This chapter does
1-33 not prohibit the employment of an attorney or law clerk by a court
1-34 solely because, before actual employment with the court begins, the
1-35 attorney or law clerk:
1-36 (1) accepts an offer of employment with a law firm or
1-37 other private entity that begins after the date the attorney's or
1-38 law clerk's employment with the court terminates; or
1-39 (2) accepts a benefit from a law firm or another
1-40 private entity in connection with anticipated employment by the
1-41 firm or entity unless the law clerk or attorney knows or should
1-42 know that the benefit is offered, conferred, or agreed to be
1-43 conferred to influence or attempt to influence the law clerk or
1-44 attorney in the performance of the law clerk's or attorney's duty
1-45 as an employee of the court.
1-46 Sec. 57.004. PERMITTED NEGOTIATIONS. An attorney or law
1-47 clerk subject to this chapter may negotiate for or accept
1-48 employment with a law firm or another private entity after the
1-49 181st day before the date the attorney's or law clerk's term of
1-50 employment with the court is to end.
1-51 Sec. 57.005. DISCLOSURE. (a) An attorney or law clerk
1-52 subject to this chapter who has, in accordance with Section 57.003
1-53 or 57.004, entered into an agreement for employment with or
1-54 accepted a benefit from a law firm or another private entity shall
1-55 file a statement with the clerk of the court. The statement must
1-56 include:
1-57 (1) the name of the attorney or law clerk;
1-58 (2) the name of the law firm or other private entity;
1-59 (3) any benefit the attorney or law clerk has received
1-60 or anticipates receiving from the law firm or other private entity
1-61 in connection with the employment; and
1-62 (4) any other information required by court rule.
1-63 (b) Information filed under this section is a public record.
1-64 Sec. 57.006. REQUIRED RECUSAL. (a) An attorney or law
2-1 clerk subject to this chapter who, in accordance with Section
2-2 57.003 or 57.004, entered into an agreement for employment with or
2-3 accepted a benefit from a law firm or another private entity may
2-4 not participate during the employment with the court in any matter
2-5 before the court that involves the law firm or private entity.
2-6 After the termination of employment with the court, the attorney or
2-7 law clerk may not participate on behalf of the law firm or private
2-8 entity in any matter that was pending before the court during the
2-9 period the attorney or law clerk was employed by the court.
2-10 (b) A recusal from participation in a matter under
2-11 Subsection (a) must be made by public order of the court.
2-12 Sec. 57.007. SANCTIONS. An attorney who violates this
2-13 chapter is subject to sanctions by the State Bar of Texas.
2-14 SECTION 2. Subsection (a), Section 36.10, Penal Code, is
2-15 amended to read as follows:
2-16 (a) Sections 36.08 (Gift to Public Servant) and 36.09
2-17 (Offering Gift to Public Servant) do not apply to:
2-18 (1) a fee prescribed by law to be received by a public
2-19 servant or any other benefit to which the public servant is
2-20 lawfully entitled or for which he gives legitimate consideration in
2-21 a capacity other than as a public servant;
2-22 (2) a gift or other benefit conferred on account of
2-23 kinship or a personal, professional, or business relationship
2-24 independent of the official status of the recipient; or
2-25 (3) a benefit to a public servant required to file a
2-26 statement under Chapter 572, Government Code, or a report under
2-27 Title 15, Election Code, that is derived from a function in honor
2-28 or appreciation of the recipient if:
2-29 (A) the benefit and the source of any benefit in
2-30 excess of $50 is reported in the statement; and
2-31 (B) the benefit is used solely to defray the
2-32 expenses that accrue in the performance of duties or activities in
2-33 connection with the office which are nonreimbursable by the state
2-34 or political subdivision;
2-35 (4) a political contribution as defined by Title 15,
2-36 Election Code;
2-37 (5) a gift, award, or memento to a member of the
2-38 legislative or executive branch that is required to be reported
2-39 under Chapter 305, Government Code;
2-40 (6) an item with a value of less than $50, excluding
2-41 cash or a negotiable instrument as described by Section 3.104,
2-42 Business & Commerce Code; [or]
2-43 (7) an item issued by a governmental entity that
2-44 allows the use of property or facilities owned, leased, or operated
2-45 by the governmental entity; or
2-46 (8) a benefit to a public servant who is subject to
2-47 Chapter 57, Government Code, if:
2-48 (A) the benefit is offered, conferred, or agreed
2-49 to be conferred by a law firm or another private entity in
2-50 connection with anticipated employment by the firm or entity; and
2-51 (B) the public servant complies with Chapter 57,
2-52 Government Code.
2-53 SECTION 3. This Act takes effect immediately if it receives
2-54 a vote of two-thirds of all the members elected to each house, as
2-55 provided by Section 39, Article III, Texas Constitution. If this
2-56 Act does not receive the vote necessary for immediate effect, this
2-57 Act takes effect September 1, 2001.
2-58 * * * * *