By West                                               S.B. No. 1210
         77R8753 DLF-D                           
                                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 or 57.004, during the 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; or
1-16                 (2)  accept a benefit from a law firm or another
1-17     private entity in connection with anticipated employment by the
1-18     entity if offering, conferring, or agreeing to confer the benefit,
1-19     or soliciting, accepting, or agreeing to accept the benefit,
1-20     violates Chapter 36, Penal Code.
1-21           Sec. 57.003.  PRIOR OFFER OF EMPLOYMENT. This chapter does
1-22     not prohibit the employment of an attorney or law clerk by a court
1-23     solely because, before employment with the court begins, the
1-24     attorney or law clerk:
 2-1                 (1)  accepts an offer of employment with a law firm or
 2-2     other private entity that begins after the date the attorney's or
 2-3     law clerk's employment with the court terminates; or
 2-4                 (2)  accepts a benefit from a law firm or another
 2-5     private entity in connection with anticipated employment by the
 2-6     entity if offering, conferring, or agreeing to confer the benefit,
 2-7     or soliciting, accepting, or agreeing to accept the benefit, does
 2-8     not violate Chapter 36, Penal Code.
 2-9           Sec. 57.004.  PERMITTED NEGOTIATIONS. An attorney or law
2-10     clerk subject to this chapter may negotiate for or accept
2-11     employment with a law firm or another private entity after the 91st
2-12     day before the date the attorney's or law clerk's term of
2-13     employment with the court is to end.
2-14           Sec. 57.005.  DISCLOSURE. (a)  An attorney or law clerk
2-15     subject to this chapter who has, in accordance with Section 57.003
2-16     or 57.004, entered into an agreement for employment with or
2-17     accepted a benefit from a law firm or another private entity shall
2-18     file a statement with the clerk of the court or a public
2-19     information officer designated by the court.  The statement must
2-20     include:
2-21                 (1)  the name of the attorney or law clerk;
2-22                 (2)  the name of the law firm or other private entity;
2-23                 (3)  any benefit the attorney or law clerk has received
2-24     or anticipates receiving from the law firm or other private entity
2-25     in connection with the employment; and
2-26                 (4)  any other information required by court rule.
2-27           (b)  Information filed under this section is a public record
 3-1     and shall be made available to any person on request.
 3-2           Sec. 57.006.  REQUIRED RECUSAL. (a)  An attorney or law clerk
 3-3     subject to this chapter who, in accordance with Section 57.003 or
 3-4     57.004, entered into an agreement for employment with or accepted a
 3-5     benefit from a law firm or another private entity may not
 3-6     participate, either during or after the termination of employment
 3-7     with the court, in any matter before the court that involves the
 3-8     law firm or private entity.
 3-9           (b)  A recusal from participation in a matter under
3-10     Subsection (a)  must be made by public order of the court.
3-11           SECTION 2.  This Act takes effect immediately if it receives
3-12     a vote of two-thirds of all the members elected to each house, as
3-13     provided by Section 39, Article III, Texas Constitution.  If this
3-14     Act does not receive the vote necessary for immediate effect, this
3-15     Act takes effect September 1, 2001.