# The Attorney General ofTexas August 10. 1903 MATTOX JrneyGeneral

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hn Plaza.SlJlW400 *nlonio.TX. 78205.2797 225.4191 Honorable Sam0. Hillsap. Jr. Criminal District Attorney Bexar County Courthouac San **Antonio,** Texa8 70205 Opinion No. JM-56 Re: Constitutionality of Rule 7676. Texas Rules of Civil Procedure Dear Hr. Hillaap: You have reque6ted our opinion regarding the constitutionality of a rule promulgated by the Texas Supreme Court, which. In easewe. authorizes the practice of law in a justice court by persons not lfcensed to practice. The court has promulgated Rule 747a. which provides in full a8 follows:

_’ In forcible 

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niry and detainer c*ses for non-peyment of rent or holding over beyond the rental term, the parties may represent themselves or .be,,rripresented by their authorized agents In justice court. This rule “118adopted in 1982. Article V. iection 25 of the Texas Constitution provides that: The Supreme Court shall have power to make and establish rules of procedure not inconsistent vith the laws **of** the State for the government of said court and the other’.courts of thfs State to expedite the dispatch of business therein. The statutory corollary **of** section 25 is found in article 173111. V.T.C.S., which gives the Texas Supreme Court “full rulemaking power in the practice and procedure in civil actions.!’ The State Bar Act, article 320~1. V.T.C.S.. prohibits persone who are not member.9 of the State Bar **of** Texas from practicing law, which is defined in part as:

[T]he management **of** the actions and proceedings on behalf of clients before judges in courts. Article 320a-I. section 19. V.T.C.S.

P. 234Honorable Sam D. Hillaap. Jr, - Page 2 (JW56) . .

A forcible entry and detainer suit is .a landlord tenant action filed in the justice court. Under the State Bar **Act, the**  only persons authorized as “agents” for parties ‘in such suits are licensed attorneya. 

### Sea Tax. Rblea **of** Civil Proc. 730-755; arts. 3973-3994, V.T.C.S. Toyhe extent that rule 74711 purports to authorize the practice **of** law by unlicensed persons, we believe that it would be held unconstitutional. Where‘a rule **of** the Supreme Court conflicts with a atstute. the rule must yield. Paw v. Charter Oak Fire Insurance Compsny, 463 S.U.2d 424 (Tcx. 1971) (rule held invalid in workers compensation action). In our opinion. therefore, “authorized *gents ” as used in Rule 747a should be construed to maan “attorney agents.” See Attorney General Opinions MW-392. MU-312 (198,l) (corporationat be represented by attorney in appeal to county court at l*v in amall claims court); HW-235 (1980) (apartment manager may file complaint in FEDaction but may not represent owner st hearing); note, 8 Houston Law Review 302, 317 (1970); but ace Attorney General Opinions R-974 (1977) (non-attorney, may represent party *t state administrative hearing); H-538 (1975) (non-attorney may represent corporation in small claims court). Weemphaaiae. however. that Rule 74?a permits a party **to** represent himself in a forcible entry and detainer action. SUMHARY

To the extent that Rule 747s. Texas ’ Rules of ’ Civil Procedure authorizes the practice .of law by non-attorneys. It is Invalid. Accordingly,

“authorized agehta” sa used in that rule should be construed to mean “attorney *gents.”

Attorney General of Texas TOM GREEN First Assistant Attorney General DAVIDR. RICHARDS Executive Assistant Attorney Generrl Prepared by David Brooks Assistant Attorney General

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### Ilonoreble SamD.Hillsep,Jr.- Page3 (JM-56)

APPROVED: OPINIONCOMMITTEE RickGllpin.ActingChairman JonBible DevidBrooks CollnCarl JimHoelllnger NancySutton

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