C.S.H.B. 1716 78(R)    Page 1 of 1BILL ANALYSIS


C.S.H.B. 1716
By: Lewis
County Affairs
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, there is no statute which addresses whether members of a
county's commissioner's court may practice law in the courts of the
county.  According to Ethics Committee Opinions and Attorney General
Opinions, county judges and commissioners and their entire law firm must
disclose conflicts of interest to the court and obtain consent from the
court before proceeding with any lawsuit.  The Attorney General most
recently stated that it had found no statute which would authorize the
commissioner's 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.  The proposed legislation will clarify the requirements
for a county judge and other members of the commissioner's court engaged
in the private practice of law.  Under this legislation, 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

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

C.S.H.B. 1716 amends the Local Government Code to require a county
commissioner and a county judge engaged in the private practice of law to
comply with the requirements of Chapter 171 and it prohibits a county
judge from practicing law in any court over which the judge presides or in
any court over which the judge's court exercises appellate jurisdiction.
Chapter 171 requires local public officials to file an affidavit with the
official record keeper of the governmental entity before a vote or
decision on any matter involving any business to which the local public
official has a special interest.  C.S.H.B. 1716 adds Section 171.010 to
Chapter 171.  Under Subsection (a) of Chapter 171, any lawsuit to which a
county judge or commissioner has appeared as attorney in charge would be
declared a special interest in a business entity.  Under Subsection (b),
the official must comply with Chapter 171 which includes requiring the
county judge or county commissioner to file an affidavit and disclose the
clients for public review.  Subsection (c) specifically prohibits a county
judge from practicing law in any court over which the judge presides or in
any court over which the judge's courts exercises appellate jurisdiction.


EFFECTIVE DATE

This Act takes effect September 1, 2003.


COMPARISON OF ORIGINAL TO SUBSTITUTE

The C.S.H.B. 1716 modifies the original H.B. 1716 by limiting its
application to county judges and commissioners as opposed to all local
public officials.  The C.S.H.B. 1716 also modifies H.B. 1716 to apply to
county judges with regard to prohibiting the practice of law in courts of
which the judge's court has original and appellate jurisdiction as opposed
to applying to the "judge of the statutory county court".  The C.S.H.B.
1716 includes language clarifying that upon compliance with this statute,
county judges and commissioners my practice law in the local courts