reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 82 - Licensing of Attorneys › Subchapter B. Licensing of Attorneys › Section 82.0241. Unaccredited Schools of Law

Sec. 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, Sec. 2, eff. June 1, 1993.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 82 - Licensing of Attorneys › Subchapter B. Licensing of Attorneys › Section 82.027. Application for Examination

Sec. 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 date established by supreme court rule and pay the fee established by supreme court rule.
(b)  The application must include a statement certifying 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)  has not been charged with fraud in any legal proceeding; and
(3)  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 date established by supreme court rule on payment of applicable late fees established by supreme court rule.
(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, Sec. 3.01, eff. Sept. 1, 1987.  Amended by Acts 2003, 78th Leg., ch. 212, Sec. 9, eff. Sept. 1, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 532 (S.B. 303), Sec. 7, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 82 - Licensing of Attorneys › Subchapter B. Licensing of Attorneys › Section 82.0271. Residency or Citizenship Status of Applicant

Sec. 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, Sec. 8, eff. Sept. 1, 1991.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 82 - Licensing of Attorneys › Subchapter B. Licensing of Attorneys › Section 82.0272. Testing Accommodations for Applicants With Disabilities

Sec. 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, Sec. 10, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 82 - Licensing of Attorneys › Subchapter B. Licensing of Attorneys › Section 82.028. Moral Character and Fitness of Applicant

Sec. 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, Sec. 3.01, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 82 - Licensing of Attorneys › Subchapter B. Licensing of Attorneys › Section 82.029. Release of Bar Examination Results

Sec. 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, Sec. 10, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 82 - Licensing of Attorneys › Subchapter B. Licensing of Attorneys › Section 82.030. Board Assessment of Moral Character and Fitness

Sec. 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 application required by Section 82.027 and the board's investigation into the accuracy and completeness of the application.
(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 evaluation by a licensed mental health professional designated by the board.  The board may seek advice and consultation from the Lawyers' Assistance Program of the State Bar of Texas or a similar program of the state bar in designating mental health professionals qualified to conduct evaluations of applicants who may suffer from chemical dependency.
(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)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 532 (S.B. 303), Sec. 11, eff. September 1, 2017.
(g)  Subject to supreme court adoption by rule, the board shall define "chemical dependency."
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 576, Sec. 9, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 14.33, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 212, Sec. 11, eff. Sept. 1, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 532 (S.B. 303), Sec. 8, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 532 (S.B. 303), Sec. 11, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 82 - Licensing of Attorneys › Subchapter B. Licensing of Attorneys › Section 82.033. Fees

Sec. 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, other than the late fee for an examination application, 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, Sec. 3.01, eff. Sept. 1, 1987.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 532 (S.B. 303), Sec. 9, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 82 - Licensing of Attorneys › Subchapter B. Licensing of Attorneys › Section 82.034. Use of Funds

Sec. 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, Sec. 3.01, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 82 - Licensing of Attorneys › Subchapter B. Licensing of Attorneys › Section 82.035. Audit; Financial Report

Sec. 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 copy of the annual financial report prepared by the board under Section 2101.011.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 584, Sec. 4, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., ch. 576, Sec. 11, eff. Sept. 1, 1991.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 23, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 82 - Licensing of Attorneys › Subchapter B. Licensing of Attorneys › Section 82.036. Foreign Attorneys

Sec. 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, Sec. 3.01, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 576, Sec. 12, eff. Sept. 1, 1991.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 82 - Licensing of Attorneys › Subchapter B. Licensing of Attorneys › Section 82.0361. Nonresident Attorney Fee

Sec. 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, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 82 - Licensing of Attorneys › Subchapter B. Licensing of Attorneys › Section 82.037. Oath of Attorney

Sec. 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 oneself in the practice of law;
(3)  discharge the attorney's duty to the attorney's client to the best of the attorney's ability; and
(4)  conduct oneself with integrity and civility in dealing and communicating with the court and all parties.
(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, Sec. 3.01, eff. Sept. 1, 1987.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 17 (S.B. 534), Sec. 1, eff. May 15, 2015.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 82 - Licensing of Attorneys › Subchapter B. Licensing of Attorneys › Section 82.039. Licensing Guidelines

Sec. 82.039.  LICENSING GUIDELINES.  (a)  To assist the Board of Law Examiners in making consistent and fair determinations related to the licensing of attorneys in this state, the board shall develop specific guidelines for:
(1)  determining the moral character and fitness of license applicants;
(2)  overseeing probationary license holders; and
(3)  granting waiver requests.
(b)  The Board of Law Examiners shall develop the guidelines required under Subsection (a) based on the board's past decisions and on any other criteria the board considers necessary.  The board is not required to take any specific action provided in the guidelines.
Added by Acts 2017, 85th Leg., R.S., Ch. 532 (S.B. 303), Sec. 10, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 82 - Licensing of Attorneys › Subchapter C. Attorney Conduct › Section 82.061. Misbehavior or Contempt

Sec. 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, Sec. 3.01, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 82 - Licensing of Attorneys › Subchapter C. Attorney Conduct › Section 82.062. Disbarment

Sec. 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, Sec. 3.01, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 82 - Licensing of Attorneys › Subchapter C. Attorney Conduct › Section 82.063. Retention of Client's Money

Sec. 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, Sec. 3.01, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 82 - Licensing of Attorneys › Subchapter C. Attorney Conduct › Section 82.064. Officers Not to Appear

Sec. 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, Sec. 3.01, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 829, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 82 - Licensing of Attorneys › Subchapter C. Attorney Conduct › Section 82.065. Contract for Legal Services

Sec. 82.065.  CONTRACT FOR LEGAL SERVICES.  (a)  A contingent fee contract for legal services must be in writing and signed by the attorney and client.
(b)  Any contract for legal services is voidable by the client if it is procured as a result of conduct violating Section 38.12(a) or (b), Penal Code, or Rule 7.03 of the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, regarding barratry by attorneys or other persons.
(c)  An attorney who was paid or owed fees or expenses under a contract that is voided under this section may recover fees and expenses based on a quantum meruit theory if the client does not prove that the attorney committed barratry or had actual knowledge, before undertaking the representation, that the contract was procured as a result of barratry by another person.  To recover fees or expenses under this subsection, the attorney must have reported the misconduct as required by the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, unless:
(1)  another person has already reported the misconduct; or
(2)  the attorney reasonably believed that reporting the misconduct would substantially prejudice the client's interests.
Added by Acts 1989, 71st Leg., ch. 866, Sec. 3, eff. Sept. 1, 1989.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 94 (S.B. 1716), Sec. 1, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 315 (H.B. 1711), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 82 - Licensing of Attorneys › Subchapter C. Attorney Conduct › Section 82.0651. Civil Liability for Prohibited Barratry

Sec. 82.0651.  CIVIL LIABILITY FOR PROHIBITED BARRATRY.  (a)  A client may bring an action to void a contract for legal services that was procured as a result of conduct violating Section 38.12(a) or (b), Penal Code, or Rule 7.03 of the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, regarding barratry by attorneys or other persons, and to recover any amount that may be awarded under Subsection (b).  A client who enters into a contract described by this subsection may bring an action to recover any amount that may be awarded under Subsection (b) even if the contract is voided voluntarily.
(b)  A client who prevails in an action under Subsection (a) shall recover from any person who committed barratry:
(1)  all fees and expenses paid to that person under the contract;
(2)  the balance of any fees and expenses paid to any other person under the contract, after deducting fees and expenses awarded based on a quantum meruit theory as provided by Section 82.065(c);
(3)  actual damages caused by the prohibited conduct;
(4)  a penalty in the amount of $10,000; and
(5)  reasonable and necessary attorney's fees.
(c)  A person who was solicited by conduct violating Section 38.12(a) or (b), Penal Code, or Rule 7.03 of the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, regarding barratry by attorneys or other persons, but who did not enter into a contract as a result of that conduct, may file a civil action against any person who committed barratry.
(d)  A person who prevails in an action under Subsection (c) shall recover from each person who engaged in barratry:
(1)  a penalty in the amount of $10,000;
(2)  actual damages caused by the prohibited conduct; and
(3)  reasonable and necessary attorney's fees.
(e)  This section shall be liberally construed and applied to promote its underlying purposes, which are to protect those in need of legal services against unethical, unlawful solicitation and to provide efficient and economical procedures to secure that protection.
(f)  The provisions of this subchapter are not exclusive.  The remedies provided in this subchapter are in addition to any other procedures or remedies provided by any other law, except that a person may not recover damages and penalties under both this subchapter and another law for the same act or practice.
(g)  The expedited actions process created by Rule 169, Texas Rules of Civil Procedure, does not apply to an action under this section.
Added by Acts 2011, 82nd Leg., R.S., Ch. 94 (S.B. 1716), Sec. 2, eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 315 (H.B. 1711), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 82 - Licensing of Attorneys › Subchapter C. Attorney Conduct › Section 82.066. Attorney May Not Appear

Sec. 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, Sec. 4, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 561, Sec. 24, eff. Aug. 26, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(28), eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 82 - Licensing of Attorneys › Subchapter D. Specialty Certifications for Attorneys › Section 82.101. Specialty Certification in Judicial Administration

Sec. 82.101.  SPECIALTY CERTIFICATION IN JUDICIAL ADMINISTRATION.  (a)  The supreme court shall adopt rules establishing a specialty certification for attorneys in the practice area of judicial administration.
(b)  For purposes of establishing a specialty certification for attorneys in the practice area of judicial administration, the Texas Board of Legal Specialization shall make recommendations to the supreme court for the specialty certification and a proposed examination for obtaining the specialty certification.
(c)  The Texas Board of Legal Specialization shall make the specialty certification for attorneys in judicial administration available to each judge of an appellate court, district court, statutory county court, statutory probate court, or county court performing judicial functions who is a licensed attorney and who meets the eligibility requirements established by the board.
(d)  The supreme court by rule shall require an attorney who holds a specialty certification in judicial administration to annually complete 21 hours of continuing legal education to maintain the certification.
(e)  A justice or judge who holds a specialty certification in judicial administration or another specialty certification may be entitled to additional compensation if the legislature makes a specific appropriation for that purpose.
Added by Acts 2023, 88th Leg., R.S., Ch. 716 (H.B. 2384), Sec. 9, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 83 - Certain Unauthorized Practice of Law › Section 83.001. Prohibited Acts

Sec. 83.001.  PROHIBITED ACTS.  (a)  A person, other than a person described in Subsection (b), may not charge or receive, either directly or indirectly, any compensation for all or any part of the preparation of a legal instrument affecting title to real property, including a deed, deed of trust, note, mortgage, and transfer or release of lien.
(b)  This section does not apply to:
(1)  an attorney licensed in this state;
(2)  a licensed real estate broker or salesperson performing the acts of a real estate broker pursuant to Chapter 1101, Occupations Code;  or
(3)  a person performing acts relating to a transaction for the lease, sale, or transfer of any mineral or mining interest in real property.
(c)  This section does not prevent a person from seeking reimbursement for costs incurred by the person to retain a licensed attorney to prepare an instrument.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.43(a), eff. Aug. 28, 1989.  Amended by Acts 1989, 71st Leg., ch. 115, Sec. 1, eff. Aug. 28, 1989;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.776, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 83 - Certain Unauthorized Practice of Law › Section 83.002. Expenses

Sec. 83.002.  EXPENSES.  This chapter does not prevent an attorney from paying secretarial, paralegal, or other ordinary and reasonable expenses necessarily and actually incurred by the attorney for the preparation of legal instruments.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.43(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 83 - Certain Unauthorized Practice of Law › Section 83.003. Forms

Sec. 83.003.  FORMS.  This chapter does not prevent a person from completing lease or rental forms that:
(1)  have been prepared by an attorney licensed in this state and approved by the attorney for the particular kind of transaction involved; or
(2)  have been prepared by the property owner or prepared by an attorney and required by the property owner.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.43(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 83 - Certain Unauthorized Practice of Law › Section 83.004. Cumulative Remedies

Sec. 83.004.  CUMULATIVE REMEDIES.  This chapter is not exclusive and does not limit or restrict the definition of the practice of law in the State Bar Act (Chapter 81).  This chapter does not limit or restrict any remedy provided in the State Bar Act or any other law designed to eliminate the unauthorized practice of law by lay persons and lay agencies.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.43(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 83 - Certain Unauthorized Practice of Law › Section 83.005. Recovery

Sec. 83.005.  RECOVERY.  A person who pays a fee prohibited by this chapter may bring suit for and is entitled to:
(1)  recovery of the fee paid;
(2)  damages equal to three times the fee paid; and
(3)  court costs and reasonable and necessary attorney's fees.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.43(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 83 - Certain Unauthorized Practice of Law › Section 83.006. Unauthorized Practice of Law

Sec. 83.006.  UNAUTHORIZED PRACTICE OF LAW.  A violation of this chapter constitutes the unauthorized practice of law and may be enjoined by a court of competent jurisdiction.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.43(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 84 - Unauthorized Attorney Compensation › Section 84.001. Prohibited Acts

Sec. 84.001.  PROHIBITED ACTS.  Before the conclusion of all aspects of a criminal matter that gives rise to an attorney's employment, an attorney may not make or negotiate an agreement with a client, a prospective client, or former client that provides the attorney literary or media rights to a portrayal or account based in substantial part on information relating to the representation.
Added by Acts 1997, 75th Leg., ch. 982, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 84 - Unauthorized Attorney Compensation › Section 84.002. Criminal Offense

Sec. 84.002.  CRIMINAL OFFENSE.  (a)  A person commits an offense if, while acting as an attorney, the person agrees to accept as compensation for legal advice provided by the person in a criminal matter the right to publish, in print, film, or otherwise, the account of a crime or the events associated with a crime.
(b)  An offense under this section is a Class B misdemeanor.
Added by Acts 1997, 75th Leg., ch. 982, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 84 - Unauthorized Attorney Compensation › Section 84.003. Civil Liability

Sec. 84.003.  CIVIL LIABILITY.  (a)  A person, including the victim of a crime or the estate of a victim of a crime, may bring suit against an attorney whose violation of Section 84.001 results in damages incurred by the person bringing the suit.
(b)  A person who brings suit under this section is entitled to recover:
(1)  actual damages caused to the person bringing the suit by the publication of the account of the crime;
(2)  exemplary damages in an amount determined by the court;
(3)  reasonable attorney's fees;  and
(4)  court costs.
Added by Acts 1997, 75th Leg., ch. 982, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 84 - Unauthorized Attorney Compensation › Section 84.004. Cumulative Remedies

Sec. 84.004.  CUMULATIVE REMEDIES.  This chapter is cumulative of other law under which a person may obtain judicial relief.  An administrative, civil, or criminal action brought against an attorney based on a violation of this chapter does not limit or restrict another action against the attorney by the same or another person.
Added by Acts 1997, 75th Leg., ch. 982, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle H - Information Resources › Chapter 91 - State Law Library › Section 91.001. Definitions

Sec. 91.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the State Law Library Board.
(2)  "Director" means the director of the State Law Library.
(3)  "Library" means the State Law Library.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle H - Information Resources › Chapter 91 - State Law Library › Section 91.002. Library Operations

Sec. 91.002.  LIBRARY OPERATIONS.  (a)  The library shall maintain a legal reference facility that includes the statutes and case reports from the several states and legal periodicals and journals.
(b)  The facility may be used by the members and staff of the supreme court, court of criminal appeals, the office of the attorney general, and other state entities and by citizens of the state.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle H - Information Resources › Chapter 91 - State Law Library › Section 91.003. Board; Administration

Sec. 91.003.  BOARD;  ADMINISTRATION.  (a)  The library is administered by the board.
(b)  The board is composed of the chief justice of the supreme court, the presiding judge of the court of criminal appeals, and the attorney general.
(c)  A member of the board may designate a personal representative to serve for him.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle H - Information Resources › Chapter 91 - State Law Library › Section 91.004. Compensation

Sec. 91.004.  COMPENSATION.  A member of the board or his personal representative may not receive compensation for his service on the board.  A member or his representative is entitled to reimbursement for actual and necessary expenses incurred in attending meetings or performing other official duties, to be paid out of funds appropriated to the board.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle H - Information Resources › Chapter 91 - State Law Library › Section 91.005. Personnel

Sec. 91.005.  PERSONNEL.  (a)  The board shall employ a director of the library and shall set his salary.  The director serves at the will of the board and is accountable only to the board.
(b)  The director may employ professional and clerical personnel with the approval of the board.  The board shall set their salaries.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle H - Information Resources › Chapter 91 - State Law Library › Section 91.006. Transfer of Library Materials

Sec. 91.006.  TRANSFER OF LIBRARY MATERIALS.  (a)  The board by unanimous vote may transfer library books, papers, or publications to the library of the Law School of The University of Texas at Austin.
(b)  The transferred materials may be recalled by a majority vote of the board.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle H - Information Resources › Chapter 91 - State Law Library › Section 91.007. Rules

Sec. 91.007.  RULES.  The board shall adopt rules necessary to ensure the efficient operation of the library.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle H - Information Resources › Chapter 91 - State Law Library › Section 91.009. Donations

Sec. 91.009.  DONATIONS.  The library may accept on behalf of the state donations of money and other property as the library considers appropriate.  Money donated to the library shall be deposited in the state treasury.
Added by Acts 1989, 71st Leg., ch. 321, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle H - Information Resources › Chapter 91 - State Law Library › Section 91.011. Library Service Fees

Sec. 91.011.  LIBRARY SERVICE FEES.  The director of the state law library may set and charge a fee for services provided by state law library staff.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 5, Sec. 9.12, eff. Sept. 1, 1991.
Amended by:
Acts 2005, 79th Leg., Ch. 398 (S.B. 1491), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle K - Specialty Courts › Chapter 121 - General Provisions › Section 121.001. Definition

Sec. 121.001.  DEFINITION.  In this subtitle, "specialty court" means a court established under this subtitle or former law.
Added by Acts 2013, 83rd Leg., R.S., Ch. 747 (S.B. 462), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle K - Specialty Courts › Chapter 121 - General Provisions › Section 121.002. Oversight

Sec. 121.002.  OVERSIGHT.  (a)  The lieutenant governor and the speaker of the house of representatives may assign to appropriate legislative committees duties relating to the oversight of specialty court programs.
(b)  For the purpose of determining the eligibility of a specialty court program to receive state or federal grant funds administered by a state agency, the governor or a legislative committee to which duties are assigned under Subsection (a) may request the state auditor to perform a management, operations, or financial or accounting audit of the program.
(c)  Notwithstanding any other law, a specialty court program may not operate until the judge, magistrate, or coordinator:
(1)  provides to the Office of Court Administration of the Texas Judicial System:
(A)  written notice of the program;
(B)  any resolution or other official declaration under which the program was established; and
(C)  a copy of the applicable strategic plan that incorporates duties related to supervision that will be required under the program; and
(2)  receives from the office written verification of the program's compliance with Subdivision (1).
(d)  A specialty court program shall:
(1)  comply with all programmatic best practices recommended by the Specialty Courts Advisory Council under Section 772.0061(b)(2) and approved by the Texas Judicial Council; and
(2)  report to the criminal justice division of the governor's office and the Texas Judicial Council any information required by the division or council regarding the performance of the program.
(e)  A specialty court program that fails to comply with Subsections (c) and (d) is not eligible to receive any state or federal grant funds administered by any state agency.
(f)  The Office of Court Administration of the Texas Judicial System shall:
(1)  on request provide technical assistance to the specialty court programs;
(2)  coordinate with an entity funded by the criminal justice division of the governor's office that provides services to specialty court programs;
(3)  monitor the specialty court programs for compliance with programmatic best practices as required by Subsection (d)(1); and
(4)  notify the criminal justice division of the governor's office if a specialty court program fails to comply with programmatic best practices as required by Subsection (d)(1).
(g)  The Office of Court Administration of the Texas Judicial System shall coordinate with and provide information to the criminal justice division of the governor's office on request of the division.
Added by Acts 2013, 83rd Leg., R.S., Ch. 747 (S.B. 462), Sec. 1.01, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1051 (H.B. 1930), Sec. 5, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 9.05, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 865 (H.B. 2955), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle K - Specialty Courts › Chapter 121 - General Provisions › Section 121.003. Appointment of Presiding Judge or Magistrate for Regional Specialty Court Program

Sec. 121.003.  APPOINTMENT OF PRESIDING JUDGE OR MAGISTRATE FOR REGIONAL SPECIALTY COURT PROGRAM.  A judge or magistrate of a district court or statutory county court who is authorized by law to hear criminal cases may be appointed to preside over a regional specialty court program recognized under this subtitle only if:
(1)  the local administrative district and statutory county court judges of each county participating in the program approve the appointment by majority vote or another approval method selected by the judges; and
(2)  the presiding judges of each of the administrative judicial regions in which the participating counties are located sign an order granting the appointment.
Added by Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 12.01, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle K - Specialty Courts › Chapter 121 - General Provisions › Section 121.004. Jurisdiction and Authority of Judge or Magistrate in Regional Specialty Court Program

Sec. 121.004.  JURISDICTION AND AUTHORITY OF JUDGE OR MAGISTRATE IN REGIONAL SPECIALTY COURT PROGRAM.  (a)  A judge or magistrate appointed to preside over a regional specialty court program may hear any misdemeanor or felony case properly transferred to the program by an originating trial court participating in the program, regardless of whether the originating trial court and specialty court program are in the same county. The appointed judge or magistrate may exercise only the authority granted under this subtitle.
(b)  The judge or magistrate of a regional specialty court program may for a case properly transferred to the program:
(1)  enter orders, judgments, and decrees for the case;
(2)  sign orders of detention, order community service, or impose other reasonable and necessary sanctions;
(3)  send recommendations for dismissal and expunction to the originating trial court for a defendant who successfully completes the program; and
(4)  return the case and documentation required by this subtitle to the originating trial court for final disposition on a defendant's successful completion of or removal from the program.
(c)  A visiting judge assigned to preside over a regional specialty court program has the same authority as the judge or magistrate appointed to preside over the program.
Added by Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 12.01, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle K - Specialty Courts › Chapter 122 - Family Drug Court Program › Section 122.001. Family Drug Court Program Defined

Sec. 122.001.  FAMILY DRUG COURT PROGRAM DEFINED.  In this chapter, "family drug court program" means a program that has the following essential characteristics:
(1)  the integration of substance abuse treatment services in the processing of civil cases in the child welfare system with the goal of family reunification;
(2)  the use of a comprehensive case management approach involving Department of Family and Protective Services caseworkers, court-appointed case managers, and court-appointed special advocates to rehabilitate a parent who has had a child removed from the parent's care by the department because of suspected child abuse or neglect and who is suspected of substance abuse;
(3)  early identification and prompt placement of eligible parents who volunteer to participate in the program;
(4)  comprehensive substance abuse needs assessment and referral to an appropriate substance abuse treatment agency;
(5)  a progressive treatment approach with specific requirements that a parent must meet to advance to the next phase of the program;
(6)  monitoring of abstinence through periodic alcohol or other drug testing;
(7)  ongoing judicial interaction with program participants;
(8)  monitoring and evaluation of program goals and effectiveness;
(9)  continuing interdisciplinary education to promote effective program planning, implementation, and operations; and
(10)  development of partnerships with public agencies and community organizations.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.63, eff. September 1, 2005.
Transferred, redesignated and amended from Family Code, Subchapter J, Chapter 264 by Acts 2013, 83rd Leg., R.S., Ch. 747 (S.B. 462), Sec. 1.02, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle K - Specialty Courts › Chapter 122 - Family Drug Court Program › Section 122.002. Authority to Establish Program

Sec. 122.002.  AUTHORITY TO ESTABLISH PROGRAM.  The commissioners court of a county may establish a family drug court program for persons who:
(1)  have had a child removed from their care by the Department of Family and Protective Services; and
(2)  are suspected by the Department of Family and Protective Services or a court of having a substance abuse problem.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.63, eff. September 1, 2005.
Transferred, redesignated and amended from Family Code, Subchapter J, Chapter 264 by Acts 2013, 83rd Leg., R.S., Ch. 747 (S.B. 462), Sec. 1.02, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle K - Specialty Courts › Chapter 122 - Family Drug Court Program › Section 122.003. Participant Payment for Treatment and Services

Sec. 122.003.  PARTICIPANT PAYMENT FOR TREATMENT AND SERVICES.  A family drug court program may require a participant to pay the cost of all treatment and services received while participating in the program, based on the participant's ability to pay.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.63, eff. September 1, 2005.
Transferred, redesignated and amended from Family Code, Subchapter J, Chapter 264 by Acts 2013, 83rd Leg., R.S., Ch. 747 (S.B. 462), Sec. 1.02, eff. September 1, 2013.