HBA-CBW H.B. 387 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 387 By: Luna, Vilma Judicial Affairs 3/13/2001 Introduced BACKGROUND AND PURPOSE The Texas Young Lawyers Association (TYLA) is the public service arm of the State Bar of Texas, and its purpose is to promote pro bono legal services and other service programs to the legal profession and citizens of Texas. In September 2000, TYLA created a child support enforcement project in cooperation with the Office of the Attorney General (OAG). The goal of the project is to recruit attorney volunteers to assist the OAG in handling routine child support cases and allow assistant attorneys general to concentrate on more difficult cases. The TYLA project provides assistance that will allow more cases to be heard and taxpayer money saved. The volunteers receive training from the OAG that is approved for a portion of the credit hours required for continuing legal education ( CLE) by the state bar. Under current law, attorney volunteers who perform work for TYLA do not receive the same immunity from liability that assistant attorneys general possess in the courtroom when arguing a case. House Bill 387 authorizes the attorney general to develop a pro bono community service program, provides that an attorney volunteer is not liable for damages in a civil action unless the attorney's action is wilfully or wantonly negligent, and credits the attorney participating in the program with completion of CLE requirements. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the attorney general in SECTION 1 (Section 402.010, Government Code) of this bill. ANALYSIS House Bill 387 amends the Government Code to authorize the attorney general to develop pro bono community service programs (program) to provide legal services to the public. The bill requires the attorney general to administer such a program and authorizes the attorney general to adopt rules governing the program. The bill establishes that an attorney who in good faith participates as a volunteer in a program is not liable for damages in a civil action for an act performed during that participation unless the act is wilfully or wantonly negligent. The bill requires the State Bar of Texas 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 the attorney participates in a program for the entire reporting year. The attorney must still meet the continuing legal education requirements of the state bar in legal ethics or professional responsibility. EFFECTIVE DATE On passage.