SRC-JLB H.B. 1716 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 1716
By: Lewis (West, Royce)
Jurisprudence
5/13/2003
Engrossed


DIGEST AND PURPOSE 

Currently, no statute exists which addresses whether members of a county's
commissioners court may practice law in the courts of the county.
According to ethics committee opinions and attorney general opinions, a
county judge, a commissioner, and the county judge's or commissioner's
entire law firm must disclose conflicts of interest to the court and
obtain consent from the court before proceeding with any lawsuit.
However, a recent attorney general opinion found no statute which would
authorize the commissioners court to consent to the county judge's
practicing law in the county's courts and made a specific request for the
legislature to address the issue.  H.B. 1716 clarifies the requirements
for a county judge and other members of the commissioners court engaged in
the private practice of law.  This bill also provides that a county judge
or county commissioner will be entitled to practice his or her profession
while disclosing this relevant information to the public.   

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 Chapter 171, Local Government Code, by adding Section
171.010, as follows: 
 
Sec. 171.010.  PRACTICE OF LAW.  (a)  Provides that for purposes of this
chapter, a county judge or county commissioner engaged in the private
practice of law has a substantial interest in a business entity if the
official has entered a court appearance or signed court pleadings in a
matter relating to that business entity. 
 
(b)  Requires a county judge or county commissioner that has a substantial
interest in a business entity as described by Subsection (a) to comply
with this chapter. 
 
(c)  Prohibits a judge of a constitutional county court from entering a
court appearance or sign court pleadings as an attorney in any matter
before the court over which the judge presides or any court in this state
over which the judge's court exercises appellate jurisdiction. 
 
(d)  Authorizes a county judge or commissioner, upon compliance with this
chapter, to practice law in the courts located in the county where the
county judge or commissioner serves. 
 
SECTION 2.  Provides that Section 171.010(c), Local Government Code, as
added by this Act, applies only to the entrance of an appearance or
pleading signed on or after September 1, 2003. 
 
SECTION 3.  Effective date:  September 1, 2003.