The Attorney General of Texas 

August 10. 1903 

MATTOX 

Jrney General 

ems Court Buildins 

BOX 12548 

in. TX. 75711. 2549 

175.25Ot 

x 9101~74.1267 

copier $12~475-02SS 

Mam St. Suits 1400 

3%1X. 75201.4709 

742.9944 

Albertr Ave.. Suits 160 

aso.TX. 79905.2793 

533.p 'i' 

Dallas A”/.. Stile 202 

s~o~.TX. 770026995 

j504668 

<. 

Broadway: SUIT 312 

30ch. TX. 794013479 

747.5238 

1 N. Tenth. Suite B 

.Ikn. TX. 79501.1555 

592.4547 

hn Plaza. SlJlW 400 

*nlonio. TX. 78205.2797 

225.4191 

Honorable Sam 0. 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 l nir y 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 “118 adopted 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. 234 
Honorable 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 FED action 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). We emphaaiae. 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 

DAVID R. RICHARDS 

Executive Assistant Attorney Generrl 

Prepared by David Brooks 

Assistant Attorney General 

p. 235 
Ilonoreble Sam D. Hillsep, Jr. - Page 3 (JM-56) 

APPROVED: 

OPINION COMMITTEE 

Rick Gllpin. Acting Chairman 

Jon Bible 

Devid Brooks 

Colln Carl 

Jim Hoelllnger 

Nancy Sutton 

i 

. 

h