GOVERNMENT CODE
CHAPTER 82. LICENSING OF ATTORNEYS
SUBCHAPTER A. BOARD OF LAW EXAMINERS
§ 82.001. BOARD OF LAW EXAMINERS. (a) The Board of Law
Examiners is composed of nine attorneys who have the qualifications
required of members of the supreme court.
(b) The supreme court shall appoint the members of the board
for staggered six-year terms, with the terms of one-third of the
members expiring August 31 of each odd-numbered year. A member is
subject to removal by the supreme court as provided by Section
82.0021.
(c) Appointments to the board shall be made without regard
to the race, color, disability, sex, religion, age, or national
origin of the appointees.
Added by Acts 1987, 70th Leg., ch. 148, § 3.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 576, § 1, eff. Sept.
1, 1991; Acts 1999, 76th Leg., ch. 116, § 1, eff. May 18, 1999;
Acts 2003, 78th Leg., ch. 212, § 1, eff. Sept. 1, 2003.
§ 82.002. CONFLICT OF INTEREST. (a) In this section,
"Texas trade association" means a cooperative and voluntarily
joined statewide association of business or professional
competitors in this state designed to assist its members and its
industry or profession in dealing with mutual business or
professional problems and in promoting their common interest.
(b) A person may not be a member of the Board of Law
Examiners and may not be a board employee employed in a "bona fide
executive, administrative, or professional capacity," as that
phrase is used for purposes of establishing an exemption to the
overtime provisions of the federal Fair Labor Standards Act of 1938
(29 U.S.C. Section 201 et seq.), and its subsequent amendments, if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of board
interest; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of board
interest.
(c) A person may not be a member of the board or act as the
general counsel to the board if the person is required to register
as a lobbyist under Chapter 305 because of the person's activities
for compensation on behalf of a profession related to the operation
of the board.
(d) A member of the board who has a financial interest,
other than a remote financial interest, in a decision pending
before the board is disqualified from participating in the
decision.
Added by Acts 1987, 70th Leg., ch. 148, § 3.01, eff. Sept. 1,
1987. Amended by Acts 2003, 78th Leg., ch. 212, § 2, eff. Sept.
1, 2003.
§ 82.0021. REMOVAL OF BOARD MEMBERS. (a) It is a
ground for removal from the Board of Law Examiners that a member:
(1) does not have, at the time of taking office, the
qualifications required by Section 82.001;
(2) does not maintain during service on the board the
qualifications required by Section 82.001;
(3) is ineligible for membership under Section 82.002;
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term;
(5) is absent from more than half of the regularly
scheduled board meetings that the member is eligible to attend
during a calendar year without an excuse approved by a majority vote
of the board;
(6) is incompetent; or
(7) is inattentive to the member's duties.
(b) The validity of an action of the board is not affected by
the fact that it is taken when a ground for removal of a board member
exists.
(c) If the executive director of the board has knowledge
that a potential ground for removal exists, the executive director
shall notify the presiding officer of the board of the potential
ground. The presiding officer shall then notify the supreme court
that a potential ground for removal exists. If the potential ground
for removal involves the presiding officer, the executive director
shall notify the next highest ranking officer of the board, who
shall then notify the supreme court that a potential ground for
removal exists.
Added by Acts 1991, 72nd Leg., ch. 576, § 2, eff. Sept. 1, 1991.
Amended by Acts 2003, 78th Leg., ch. 212, § 3, eff. Sept. 1,
2003.
§ 82.003. OPEN RECORDS AND OPEN MEETINGS. (a) Except
as provided by this section, the Board of Law Examiners is subject
to Chapter 552 and Chapter 551.
(b) Examination questions that may be used in the future and
examinations other than the one taken by the person requesting it
are exempt from disclosure.
(c) Board deliberations, hearings, and determinations
relating to moral character and fitness of an applicant shall be
closed to the public, and records relating to these subjects are
confidential. On the written request of an applicant, however, the
applicant is entitled to:
(1) have the applicant's character and fitness hearing
open to persons designated by the applicant; or
(2) have disclosed to the applicant records relating
to the applicant's own moral character and fitness unless the
person who supplied the information has requested that it not be
disclosed.
(d) The board shall not inquire of a person who supplies
information relating to an applicant's moral character and fitness
whether the person objects to disclosure nor inform the person of
the right to object.
(e) Board deliberations, hearings, and determinations
relating to a request by an applicant who has a disability for
testing accommodations under Section 82.0272 on the bar examination
shall be closed to the public, and records relating to that subject
are confidential.
Added by Acts 1987, 70th Leg., ch. 148, § 3.01, eff. Sept. 1,
1987. Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(83), (94),
eff. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 212, § 4, eff.
Sept. 1, 2003.
§ 82.004. BOARD DUTIES. (a) The Board of Law
Examiners, acting under instructions of the supreme court as
provided by this chapter, shall determine the eligibility of
candidates for examination for a license to practice law in this
state.
(b) The board shall examine each eligible candidate as to
the candidate's qualifications to practice law.
(c) The board may not recommend any person for a license to
practice law unless the person has shown to the board, in the manner
prescribed by the supreme court, that the person is of the moral
character and of the capacity and attainment proper for that person
to be licensed.
(d) On written request of an applicant who fails an
examination administered by the board, the board shall give the
applicant an oral or written analysis of the applicant's
performance on the examination. The applicant may record an oral
analysis.
(e) In each city in which an examination is administered,
the board shall provide facilities that enable persons having
physical, mental, or developmental disabilities to take the
examination.
Added by Acts 1987, 70th Leg., ch. 148, § 3.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 576, § 3, eff. Sept.
1, 1991.
§ 82.005. BOARD COMPENSATION. (a) The supreme court
shall set the compensation of each member of the Board of Law
Examiners, excluding reasonable and necessary actual expenses, at
an amount that does not exceed $20,000 a year.
(b) Subchapter B, Chapter 659, does not apply to the
compensation set under this section.
Added by Acts 1987, 70th Leg., ch. 148, § 3.01, eff. Sept. 1,
1987. Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(104), eff.
Sept. 1, 1995.
§ 82.006. SUNSET PROVISION. The Board of Law Examiners
is subject to Chapter 325 (Texas Sunset Act). Unless continued in
existence as provided by that chapter, the board is abolished
September 1, 2015.
Added by Acts 1987, 70th Leg., ch. 148, § 3.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 576, § 4, eff. Sept.
1, 1991; Acts 1991, 72nd Leg., 1st C.S., ch. 17, § 6.19, eff.
Nov. 12, 1991; Acts 2003, 78th Leg., ch. 212, § 5, eff. Sept. 1,
2003.
§ 82.007. CAREER LADDER; ANNUAL PERFORMANCE
EVALUATIONS. (a) The executive director of the Board of Law
Examiners or the executive director's designee shall develop an
intraagency career ladder program. The program shall require
intraagency postings of all nonentry level positions concurrently
with any public posting.
(b) The executive director or the executive director's
designee shall develop a system of annual performance evaluations.
All merit pay for board employees must be based on the system
established under this subsection.
Added by Acts 1991, 72nd Leg., ch. 576, § 5, eff. Sept. 1, 1991.
Amended by Acts 2003, 78th Leg., ch. 212, § 6, eff. Sept. 1,
2003.
§ 82.0071. EQUAL EMPLOYMENT OPPORTUNITY
POLICY. (a) The executive director of the Board of Law Examiners
or the executive director's designee shall prepare and maintain a
written policy statement that implements a program of equal
employment opportunity to ensure that all personnel decisions are
made without regard to race, color, disability, sex, religion, age,
or national origin.
(b) The policy statement must include:
(1) personnel policies, including policies relating
to recruitment, evaluation, selection, training, and promotion of
personnel, that show the intent of the board to avoid the unlawful
employment practices described by Chapter 21, Labor Code; and
(2) an analysis of the extent to which the composition
of the board's personnel is in accordance with state and federal law
and a description of reasonable methods to achieve compliance with
state and federal law.
(c) The policy statement must be:
(1) updated annually;
(2) reviewed by the Commission on Human Rights for
compliance with Subsection (b)(1); and
(3) filed with the governor's office and the supreme
court.
Added by Acts 2003, 78th Leg., ch. 212, § 6, eff. Sept. 1, 2003.
§ 82.0072. STANDARDS OF CONDUCT. The executive
director of the Board of Law Examiners or the executive director's
designee shall provide to members of the board and to board
employees, as often as necessary, information regarding the
requirements for office or employment under this chapter, including
information regarding a person's responsibilities under applicable
laws relating to standards of conduct for state officers or
employees.
Added by Acts 2003, 78th Leg., ch. 212, § 6, eff. Sept. 1, 2003.
§ 82.0073. SEPARATION OF RESPONSIBILITIES. The Board
of Law Examiners shall develop and implement policies that clearly
separate the policymaking responsibilities of the board and the
management responsibilities of the executive director and the staff
of the board.
Added by Acts 2003, 78th Leg., ch. 212, § 6, eff. Sept. 1, 2003.
§ 82.008. PUBLIC INFORMATION. (a) The Board of Law
Examiners shall prepare information of public interest describing
the functions of the board. The board shall make the information
available to the public and appropriate agencies.
(b) The board shall develop and implement policies that
provide the public with a reasonable opportunity to appear before
the board and to speak on any issue under the jurisdiction of the
board. However, the board may prohibit public testimony that would
reveal the examination questions described by Section 82.003(b) or
would relate to the moral character or fitness of an applicant for a
license.
Added by Acts 1991, 72nd Leg., ch. 576, § 5, eff. Sept. 1, 1991.
§ 82.009. PROGRAM ACCESSIBILITY. The Board of Law
Examiners shall prepare and maintain a written plan that describes
how a person who has a physical, mental, or developmental
disability can be provided reasonable access to the board's
programs.
Added by Acts 1991, 72nd Leg., ch. 576, § 5, eff. Sept. 1, 1991.
§ 82.010. TRAINING PROGRAM REQUIRED. (a) A person who
is appointed to and qualifies for office as a member of the Board of
Law Examiners may not vote, deliberate, or be counted as a member in
attendance at a meeting of the board until the person completes a
training program that complies with this section.
(b) The training program must provide the person with
information regarding:
(1) the legislation that created the board;
(2) the programs operated by the board;
(3) the role and functions of the board;
(4) the rules of the board, with an emphasis on the
rules that relate to disciplinary and investigatory authority;
(5) the current budget for the board;
(6) the results of the most recent formal audit of the
board;
(7) the requirements of:
(A) the open meetings law, Chapter 551;
(B) the public information law, Chapter 552;
(C) the administrative procedure law, Chapter
2001; and
(D) other laws relating to public officials,
including conflict-of-interest laws; and
(8) any applicable ethics policies adopted by the
board or the Texas Ethics Commission.
Added by Acts 2003, 78th Leg., ch. 212, § 7, eff. Sept. 1, 2003.
§ 82.011. WRITTEN COMPLAINTS. (a) The Board of Law
Examiners shall maintain a file on each written complaint filed
with the board. The file must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint was received by the board;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to
the complaint;
(5) a summary of the results of the review or
investigation of the complaint; and
(6) an explanation of the reason the file was closed,
if the board closed the file without taking action other than to
investigate the complaint.
(b) The board shall provide to the person filing the
complaint and to each person who is a subject of the complaint a
copy of the board's policies and procedures relating to complaint
investigation and resolution.
(c) The board, at least quarterly until final disposition of
the complaint, shall notify the person filing the complaint and
each person who is a subject of the complaint of the status of the
investigation unless the notice would jeopardize an undercover
investigation.
Added by Acts 2003, 78th Leg., ch. 212, § 7, eff. Sept. 1, 2003.
§ 82.012. STATE EMPLOYEE INCENTIVE PROGRAM. The
executive director of the Board of Law Examiners or the executive
director's designee shall provide to board employees information
and training on the benefits and methods of participation in the
state employee incentive program.
Added by Acts 2003, 78th Leg., ch. 212, § 7, eff. Sept. 1, 2003.
§ 82.013. EFFECTIVE USE OF TECHNOLOGY. The Board of Law
Examiners shall develop and implement a policy requiring the
executive director and board employees to research and propose
appropriate technological solutions to improve the board's ability
to perform its functions. The technological solutions must:
(1) ensure that the public is able to easily find
information about the board on the Internet;
(2) ensure that persons who want to use the board's
services are able to:
(A) interact with the board through the Internet;
and
(B) access any service that can be provided
effectively through the Internet; and
(3) be cost-effective and developed through the
board's planning processes.
Added by Acts 2003, 78th Leg., ch. 212, § 7, eff. Sept. 1, 2003.
SUBCHAPTER B. LICENSING OF ATTORNEYS
§ 82.021. SUPREME COURT AUTHORITY. Only the supreme
court may issue licenses to practice law in this state as provided
by this chapter. The power may not be delegated.
Added by Acts 1987, 70th Leg., ch. 148, § 3.01, eff. Sept. 1,
1987.
§ 82.022. SUPREME COURT RULEMAKING. (a) The supreme
court may adopt rules on eligibility for examination for a license
to practice law and on the manner in which the examination is
conducted. The rules may include:
(1) provisions to ensure:
(A) good moral character of each candidate for a
license;
(B) adequate prelegal study and attainment; and
(C) adequate study of the law for at least two
years, covering the course of study prescribed by the supreme court
or the equivalent of that course;
(2) the legal topics to be covered by the course of
study and by the examination;
(3) the times and places for holding the examination;
(4) the manner of conducting the examination;
(5) the grades necessary for licensing; and
(6) any other matter consistent with this chapter
desirable to make the issuance of a license to practice law evidence
of good character and fair capacity and attainment and proficiency
in the knowledge of law.
(b) The supreme court shall adopt rules necessary to
administer its functions and to govern the administration of the
Board of Law Examiners' functions relating to the licensing of
lawyers.
(c) The supreme court may adopt rules relating to the
nonrenewal of the license of a lawyer who is in default on a loan
guaranteed under Chapter 57, Education Code, by the Texas
Guaranteed Student Loan Corporation.
Added by Acts 1987, 70th Leg., ch. 148, § 3.01, eff. Sept. 1,
1987. Amended by Acts 1989, 71st Leg., ch. 985, § 20, eff. Sept.
1, 1989.
§ 82.023. DECLARATION OF INTENTION TO STUDY
LAW. (a) Each person intending to apply for admission to the bar
must file with the Board of Law Examiners, on a form provided by the
board, a declaration of intention to study law.
(b) The form for the declaration must clearly identify those
conditions of character and fitness set out in Section 82.027 that
may be investigated by the board and that may result in the denial
of the declarant's application to take the examination.
(c) The board shall notify each first-year law student who
files the declaration on or before January 1 of the year in which
the student begins law school, not later than August 1 of the
following year, of the board's decision as to the student's
acceptable character and fitness. The board shall notify all other
declarants not later than the 270th day after the date the
declaration was filed whether or not it has determined that the
declarant has acceptable character and fitness.
(d) If the board determines that an applicant does not have
acceptable character and fitness, the notice of the decision must
be accompanied by an analysis of the character investigation that
specifies in detail the results of the investigation. The analysis
must include an objective list of actions the applicant may take to
become qualified for a license to practice law.
(e) If the board determines that an applicant may suffer
from chemical dependency, the board shall require the applicant to
meet with representatives of the Lawyers' Assistance Program of the
State Bar of Texas or a similar program of the state bar and may
require the applicant to submit to a treatment facility for
evaluation.
(f) If the board determines that an applicant suffers from
chemical dependency, the board shall assist the applicant in
working with the Lawyers' Assistance Program of the State Bar of
Texas or a similar program of the state bar.
(g) In this section:
(1) "Chemical dependency" has the meaning assigned by
Section 82.038.
(2) "Treatment facility" has the meaning assigned by
Section 462.001, Health and Safety Code.
Added by Acts 1987, 70th Leg., ch. 148, § 3.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 576, § 6, eff. Sept.
1, 1991.
§ 82.024. LAW STUDY REQUIREMENTS; ELIGIBILITY FOR
EXAMINATION. A person who has completed the prescribed study in an
approved law school has satisfied the law study requirements for
taking the examination for a license to practice law and is eligible
to take the bar examination. An approved law school is one that is
approved by the supreme court for the time period designated by the
court as maintaining the additional standards to retain approval.
Added by Acts 1987, 70th Leg., ch. 148, § 3.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 576, § 7, eff. Sept.
1, 1991.
§ 82.0241. UNACCREDITED SCHOOLS OF LAW. All matters
relating to licensing of persons who were enrolled at unaccredited
schools of law in this state are within the exclusive jurisdiction
of the Supreme Court of the State of Texas.
Added by Acts 1991, 72nd Leg., ch. 485, § 2, eff. June 1, 1993.
§ 82.0242. LAW STUDY REQUIREMENT FOR CERTAIN
STUDENTS. (a) Notwithstanding any other provision of law, the
law study requirement for taking the bar examination is satisfied
and a person is eligible to take the bar examination if the person
has pursued the study of law at an approved law school or schools
and has satisfied all requirements for graduation with a J.D.
degree or its equivalent, other than completing the final 12
semester hours or the equivalent of 12 semester hours in quarter
hours required for graduation.
(b) Any person qualifying to take the bar examination under
Subsection (a) may not be licensed to practice law until graduation
or until satisfying all requirements for graduation.
(c) If a person described by Subsection (a) has not
graduated with a J.D. degree or satisfied all requirements for
graduation within two years from the date that the person
satisfactorily completes all parts of the bar examination, the
person's examination scores are void.
(d) This section expires September 1, 2004.
Added by Acts 2003, 78th Leg., ch. 212, § 8, eff. Sept. 1, 2003.
§ 82.027. APPLICATION FOR EXAMINATION. (a) Each
applicant to take a bar examination must file an application with
the Board of Law Examiners not later than the 180th day before the
first day of the examination for which the person is applying.
(b) The application consists of a verified affidavit
stating that since the filing of the applicant's original
declaration of intention to study law, the applicant:
(1) has not been formally charged with any violation
of law, excluding:
(A) cases that have been dismissed for reasons
other than technical defects in the charging instrument;
(B) cases in which the applicant has been found
not guilty;
(C) minor traffic violations;
(D) cases in which the record of arrest or
conviction was expunged by court order;
(E) pardoned offenses; and
(F) Class C misdemeanors;
(2) is not mentally ill;
(3) has not been charged with fraud in any legal
proceeding; and
(4) has not been involved in civil litigation or
bankruptcy proceedings that reasonably bear on the applicant's
fitness to practice law.
(c) On a showing of good cause or to prevent hardship, the
board may permit an applicant to file an application with the board
not later than the 60th day after the deadline prescribed by
Subsection (a) on payment of applicable late fees.
(d) The filing deadlines and late fees do not apply to an
applicant who failed the preceding bar examination. Any such
applicant may take the next examination administered on filing an
application with the board and paying the required examination fees
not later than the date established by supreme court rule.
Added by Acts 1987, 70th Leg., ch. 148, § 3.01, eff. Sept. 1,
1987. Amended by Acts 2003, 78th Leg., ch. 212, § 9, eff. Sept.
1, 2003.
§ 82.0271. RESIDENCY OR CITIZENSHIP STATUS OF
APPLICANT. A person who has applied to take the bar examination
may not be denied admission to the bar examination based on the
applicant's lack of:
(1) permanent residency in the United States; or
(2) United States citizenship.
Added by Acts 1991, 72nd Leg., ch. 576, § 8, eff. Sept. 1, 1991.
§ 82.0272. TESTING ACCOMMODATIONS FOR APPLICANTS WITH
DISABILITIES. An applicant who has a physical, mental, or
developmental disability may request that the Board of Law
Examiners provide testing accommodations on the bar examination.
An applicant whose request is denied may appeal the decision to a
committee appointed by, and composed of three or more members of,
the board.
Added by Acts 2003, 78th Leg., ch. 212, § 10, eff. Sept. 1, 2003.
§ 82.028. MORAL CHARACTER AND FITNESS OF
APPLICANT. (a) The Board of Law Examiners may conduct an
investigation of the moral character and fitness of each applicant
for a license.
(b) The board may contract with public or private entities
for investigative services relating to the moral character and
fitness of applicants.
(c) The board may not recommend denial of a license and the
supreme court may not deny a license to an applicant because of a
deficiency in the applicant's moral character or fitness unless:
(1) the board finds a clear and rational connection
between a character trait of the applicant and the likelihood that
the applicant would injure a client or obstruct the administration
of justice if the applicant were licensed to practice law; or
(2) the board finds a clear and rational connection
between the applicant's present mental or emotional condition and
the likelihood that the applicant will not discharge properly the
applicant's responsibilities to a client, a court, or the legal
profession if the applicant is licensed to practice law.
(d) The board shall limit its investigation under this
section to those areas clearly related to the applicant's moral
character and present fitness to practice law.
Added by Acts 1987, 70th Leg., ch. 148, § 3.01, eff. Sept. 1,
1987.
§ 82.029. RELEASE OF BAR EXAMINATION RESULTS. (a) On
request of a law school that is conducting research on the
achievement of the law school's students or graduates on the Texas
bar examination, the Board of Law Examiners shall provide the law
school with information concerning the results of a bar examination
and the achievement of particular applicants on the examination,
including examination results disaggregated by section or portion
of the examination and any relevant statistics related to the
results of the examination.
(b) An applicant may request that the board not release the
applicant's identity to a law school that requests information
under Subsection (a). The board shall grant the applicant's
request if the applicant:
(1) sends the request to the board by certified mail or
a comparable mailing method that provides proof of delivery; and
(2) makes the request before the applicant takes the
bar examination.
(c) A law school that receives information from the board
under Subsection (a) is subject to any restriction on the release of
the information under federal or state law.
(d) Notwithstanding any other law, information that the
board provides to a law school under Subsection (a) is confidential
and may not be disclosed under any law related to open records or
public information.
Added by Acts 2003, 78th Leg., ch. 212, § 10, eff. Sept. 1, 2003.
§ 82.0291. REPORT ON APPLICANTS WHO FAIL
EXAMINATION. (a) The Board of Law Examiners shall compile a
report indicating the number of applicants who fail the July 2004
bar examination. The data shall be aggregated by gender,
ethnicity, and race. The report shall also include an analysis of
the identifiable causes of failure and recommendations, if any, to
address the causes of failure. The board shall deliver the report
to the legislature not later than December 31, 2004.
(b) This section expires January 1, 2005.
Added by Acts 2003, 78th Leg., ch. 212, § 10, eff. Sept. 1, 2003.
§ 82.030. BOARD ASSESSMENT OF MORAL CHARACTER AND
FITNESS. (a) The Board of Law Examiners shall assess each
applicant's moral character and fitness based on:
(1) the investigation of character and fitness
performed after the filing of the declaration of intention to study
law; and
(2) the filing of the affidavit required by Section
82.027 and the board's investigation into the accuracy and
completeness of the affidavit.
(b) If the board determines that the applicant does not have
the requisite good moral character and fitness, the board, not
later than the 150th day after the day on which the application is
filed, shall furnish the applicant an analysis of the character
investigation that specifies in detail the results of the
investigation. The analysis must include an objective list of
actions the applicant may take to become qualified for a license to
practice law.
(c) If the board determines that an applicant may suffer
from chemical dependency, the board shall require the applicant to
submit to a treatment facility for evaluation.
(d) If the board determines that an applicant suffers from
chemical dependency, the board shall assist the applicant in
working with the Lawyers' Assistance Program of the State Bar of
Texas or a similar program of the state bar.
(e) The board may not deny an applicant the opportunity to
take the bar examination solely because the applicant:
(1) suffers or appears to suffer from chemical
dependency; or
(2) has been convicted of or is on community
supervision for a first offense of operating a motor vehicle while
intoxicated under Section 49.04, Penal Code, or intoxication
assault committed while operating a motor vehicle under Section
49.07, Penal Code.
(f) In this section, "treatment facility" has the meaning
assigned by Section 462.001, Health and Safety Code.
(g) Subject to supreme court adoption by rule, the board
shall define "chemical dependency."
Added by Acts 1987, 70th Leg., ch. 148, § 3.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 576, § 9, eff. Sept.
1, 1991; Acts 1995, 74th Leg., ch. 76, § 14.33, eff. Sept. 1,
1995; Acts 2003, 78th Leg., ch. 212, § 11, eff. Sept. 1, 2003.
§ 82.033. FEES. (a) The supreme court shall set the
fee for the investigation of the moral character and fitness of each
candidate at an amount that does not exceed $150. The candidate
must pay the investigation fee to the Board of Law Examiners at the
time it is requested by the board.
(b) The supreme court shall set the fee for any examination
given by the board at an amount that does not exceed $150. The
candidate must pay the fee to the board at the time the candidate
applies for examination.
(c) The supreme court may set an application fee for foreign
attorneys at an amount that does not exceed $700.
(d) The supreme court may set reasonable fees for additional
services provided by the board, but the fee for any single
additional service may not exceed $150.
(e) The fees set by the supreme court must be sufficient to
pay all costs of the board, including staff salaries, compensation
to members of the board, and costs of investigation and
administering the examinations, so that state general revenue funds
are not necessary to operate the board.
(f) The board may adopt rules that provide for waiving or
lowering for indigent persons a fee required by this section.
Added by Acts 1987, 70th Leg., ch. 148, § 3.01, eff. Sept. 1,
1987.
§ 82.034. USE OF FUNDS. Fees received by the Board of
Law Examiners shall be deposited in a fund established by the
supreme court. The fund may be used only to administer the
functions of the supreme court and the board relating to the
licensing of lawyers. The fund shall be used as directed by the
supreme court and under supreme court rules.
Added by Acts 1987, 70th Leg., ch. 148, § 3.01, eff. Sept. 1,
1987.
§ 82.035. AUDIT; FINANCIAL REPORT. (a) The financial
transactions of the Board of Law Examiners are subject to audit by
the state auditor in accordance with Chapter 321.
(b) The board shall file annually with the supreme court,
the governor, and the presiding officer of each house of the
legislature a complete and detailed written report accounting for
all funds received or disbursed by the board during the preceding
fiscal year. The annual report must be in the form and reported in
the time provided by the General Appropriations Act.
Added by Acts 1987, 70th Leg., ch. 148, § 3.01, eff. Sept. 1,
1987. Amended by Acts 1989, 71st Leg., ch. 584, § 4, eff. Sept.
1, 1989; Acts 1991, 72nd Leg., ch. 576, § 11, eff. Sept. 1, 1991.
§ 82.036. FOREIGN ATTORNEYS. The supreme court shall
make such rules and regulations as to admitting attorneys from
other jurisdictions to practice law in this state as it shall deem
proper and just. All such attorneys shall be required to furnish
satisfactory proof as to good moral character.
Added by Acts 1987, 70th Leg., ch. 148, § 3.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 576, § 12, eff. Sept.
1, 1991.
§ 82.0361. NONRESIDENT ATTORNEY FEE. (a) In this
section, "nonresident attorney" means a person who resides in and
is licensed to practice law in another state but who is not a member
of the State Bar of Texas.
(b) Except as provided by Subsection (e), a nonresident
attorney requesting permission to participate in proceedings in a
court in this state shall pay a fee of $250 for each case in which
the attorney is requesting to participate. The attorney shall pay
the fee to the Board of Law Examiners before filing with the
applicable court a motion requesting permission to participate in
proceedings in that court as provided by rules adopted by the
supreme court.
(c) Fees under this section shall be collected in the same
manner as other fees collected by the Board of Law Examiners. The
board shall remit the fees collected under this section to the
comptroller not later than the 10th day after the end of each
calendar quarter.
(d) The comptroller shall deposit the fees received under
this section to the credit of the basic civil legal services account
of the judicial fund for use in programs approved by the supreme
court that provide basic civil legal services to the indigent.
(e) The supreme court may adopt rules to waive or reduce the
fee required by this section for a nonresident attorney who seeks to
represent an indigent person in proceedings in a court in this
state.
(f) A nonresident attorney who files a motion requesting
permission to participate in proceedings in a court in this state
shall provide to that court proof of payment of the fee required by
this section. The supreme court by rule shall prescribe the method
of proof.
Added by Acts 2003, 78th Leg., ch. 221, § 1, eff. Sept. 1, 2003.
§ 82.037. OATH OF ATTORNEY. (a) Each person admitted
to practice law shall, before receiving a license, take an oath that
the person will:
(1) support the constitutions of the United States and
this state;
(2) honestly demean himself in the practice of law;
and
(3) discharge the attorney's duty to his client to the
best of the attorney's ability.
(b) The oath shall be endorsed on the license, subscribed by
the person taking the oath, and attested by the officer
administering the oath.
Added by Acts 1987, 70th Leg., ch. 148, § 3.01, eff. Sept. 1,
1987.
§ 82.038. PROBATIONARY LICENSE FOR APPLICANT SUFFERING
FROM CHEMICAL DEPENDENCY. (a) If, after a moral character and
fitness assessment, the Board of Law Examiners determines that the
applicant suffers from chemical dependency, the board shall notify
the applicant of its determination and of the applicant's rights
under this section.
(b) To obtain judicial review of the board's determination
that the applicant suffers from chemical dependency, an applicant
must file a petition in the district court of Travis County before
the 60th day after the date that the board delivers notice of its
determination. The petition must name the board as a defendant and
be served on the executive director of the board. Before the date
on which the applicant may obtain a default judgment against the
board, the board shall file with the district court a certified
record of the proceedings before the board.
(c) A party is not entitled to a jury in a judicial review of
the board's determination that an applicant suffers from chemical
dependency. The court may not substitute its judgment for that of
the board as to the weight of the evidence on questions submitted to
the board's discretion but shall affirm the board's decision if the
decision is reasonably supported by substantial evidence in view of
the reliable and probative evidence in the record as a whole.
(d) The board may not deny a person who successfully takes
the bar examination a probationary license to practice law solely
because the person:
(1) suffers from chemical dependency; or
(2) has been convicted of or is on community
supervision for a first offense of operating a motor vehicle while
intoxicated under Section 49.04, Penal Code, or intoxication
assault committed while operating a motor vehicle under Section
49.07, Penal Code.
(e) The board shall specify the conditions of a probationary
license to practice law, which must be designed to protect the
public from the potential harm the person might cause. Conditions
of a probationary license may include one or more of the following:
(1) prohibiting the person from using alcohol or
controlled substances;
(2) treatment for chemical dependency;
(3) supervision of the person's work by a licensed
attorney;
(4) submission to periodic drug testing;
(5) periodic reporting by the person to the board; or
(6) suspension, for a portion of the probationary
period, of an activity for which a license to practice law is
required.
(f) A probationary license issued under this section
expires on the second anniversary of the date on which the license
is issued. A person who holds a probationary license may apply for
a renewal of the probationary license or for a regular license to
practice law. The board, after redetermination of the character
and fitness of a person who holds a probationary license, may
recommend to the supreme court that it grant the person a regular
license to practice law. The redetermination must include an
evaluation of the person by a treatment facility. The board may not
recommend to the supreme court that the person be granted a regular
license to practice law unless the board finds that the person has
successfully completed treatment and has been free from chemical
dependency for the preceding two years.
(g) The supreme court shall adopt rules under which the
board and the State Bar of Texas jointly develop and fund a program
for evaluation and referral to treatment for persons who have been
issued a probationary license under this section.
(h) A probationary license may be immediately revoked if the
person violates a condition of probation imposed by the board.
(i) On request, the board in coordination with the State Bar
of Texas shall inform a member of the public whether a particular
person holds a probationary license. Any information that forms
the basis for the issuance of the probationary license is
confidential.
(j) In this section:
(1) "Chemical dependency" has the meaning provided by
supreme court rule adopted under Section 82.030.
(2) "Controlled substance," "treatment facility," and
"treatment" have the meanings assigned by Section 462.001, Health
and Safety Code.
Added by Acts 1991, 72nd Leg., ch. 576, § 13, eff. Sept. 1, 1991.
Amended by Acts 1995, 74th Leg., ch. 76, § 14.34, eff. Sept. 1,
1995; Acts 2003, 78th Leg., ch. 212, § 12, eff. Sept. 1, 2003.
SUBCHAPTER C. ATTORNEY CONDUCT
§ 82.061. MISBEHAVIOR OR CONTEMPT. (a) An attorney at
law may be fined or imprisoned by any court for misbehavior or for
contempt of the court.
(b) An attorney may not be suspended or stricken from the
rolls for contempt unless the contempt involves fraudulent or
dishonorable conduct or malpractice.
Added by Acts 1987, 70th Leg., ch. 148, § 3.01, eff. Sept. 1,
1987.
§ 82.062. DISBARMENT. Any attorney who is guilty of
barratry, any fraudulent or dishonorable conduct, or malpractice
may be suspended from practice, or the attorney's license may be
revoked, by a district court of the county in which the attorney
resides or in which the act complained of occurred. An attorney may
be suspended from practice or the attorney's license may be revoked
under this section regardless of the fact that the act complained of
may be an offense under the Penal Code and regardless of whether the
attorney is being prosecuted for or has been convicted of the
offense.
Added by Acts 1987, 70th Leg., ch. 148, § 3.01, eff. Sept. 1,
1987.
§ 82.063. RETENTION OF CLIENT'S MONEY. (a) A person
may bring an action against the person's attorney if the attorney
receives or collects money for the person and refuses to pay the
money to the person on demand.
(b) To recover under this section the person must file a
motion with a district court in either the county in which the
attorney usually resides or the county in which the attorney
resided when the attorney collected or received the money.
(c) Notice of the motion and a copy of the motion shall be
served on the attorney not later than the fifth day before the
trial.
(d) If the motion is sustained, judgment shall be rendered
against the defendant for the amount collected or received and at
least 10 percent but not more than 20 percent damages on the
principal sum.
Added by Acts 1987, 70th Leg., ch. 148, § 3.01, eff. Sept. 1,
1987.
§ 82.064. OFFICERS NOT TO APPEAR. (a) A judge or clerk
of the supreme court, the court of criminal appeals, a court of
appeals, or a district court, or a sheriff may not appear and plead
as an attorney at law in any court of record in this state.
(b) A county judge or county clerk who is licensed to
practice law may not appear and practice as an attorney at law in
any county or justice court except in cases over which the court in
which the judge or clerk serves has neither original nor appellate
jurisdiction.
(c) A county clerk who is licensed to practice law may not
appear and practice as an attorney at law in the supreme court, the
court of criminal appeals, a court of appeals, or a district court
unless the court in which the clerk serves has neither original nor
appellate jurisdiction.
Added by Acts 1987, 70th Leg., ch. 148, § 3.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 829, § 1, eff. Sept.
1, 1991.
§ 82.065. CONTINGENT FEE CONTRACT FOR LEGAL
SERVICES. (a) A contingent fee contract for legal services must
be in writing and signed by the attorney and client.
(b) A contingent fee contract for legal services is voidable
by the client if it is procured as a result of conduct violating the
laws of this state or the Disciplinary Rules of the State Bar of
Texas regarding barratry by attorneys or other persons.
Added by Acts 1989, 71st Leg., ch. 866, § 3, eff. Sept. 1, 1989.
§ 82.066. ATTORNEY MAY NOT APPEAR. An attorney may not
appear before a judge or justice in a civil case if the attorney is
related to the judge or justice by affinity or consanguinity within
the first degree, as determined under Chapter 573.
Added by Acts 1989, 71st Leg., ch. 866, § 4, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 561, § 24, eff. Aug. 26,
1991; Acts 1995, 74th Leg., ch. 76, § 5.95(28), eff. Sept. 1,
1995.
