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.