reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter F. Committee on Professional Ethics › Section 81.093. Panels

Sec. 81.093.  PANELS.  The committee may meet in three-member panels to express its opinion on behalf of the whole committee, but an inquirer who is dissatisfied with the panel's opinion may appeal it to the full committee for review.
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 81 - State Bar › Subchapter F. Committee on Professional Ethics › Section 81.094. Certain Committee Duties

Sec. 81.094.  CERTAIN COMMITTEE DUTIES.  The committee shall:
(1)  periodically publish its issued opinions to the legal profession in summary or complete form;
(2)  on request provide copies of its issued opinions to members of the state bar or the public;
(3)  on request advise or otherwise assist state bar committees or local bar associations relating to the Texas Disciplinary Rules of Professional Conduct and the Texas Rules of Disciplinary Procedure;  and
(4)  recommend appropriate amendments or clarifications of the Texas Disciplinary Rules of Professional Conduct and the Texas Rules of Disciplinary Procedure that it considers advisable.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 795, Sec. 24, eff. Sept. 1, 1991.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter F. Committee on Professional Ethics › Section 81.095. Expenses

Sec. 81.095.  EXPENSES.  The state bar shall pay all necessary and actual expenses of the committee out of the state bar budget.
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 81 - State Bar › Subchapter G. Unauthorized Practice of Law › Section 81.101. Definition

Sec. 81.101.  DEFINITION.  (a)  In this chapter the "practice of law" means the preparation of a pleading or other document incident to an action or special proceeding or the management of the action or proceeding on behalf of a client before a judge in court as well as a service rendered out of court, including the giving of advice or the rendering of any service requiring the use of legal skill or knowledge, such as preparing a will, contract, or other instrument, the legal effect of which under the facts and conclusions involved must be carefully determined.
(b)  The definition in this section is not exclusive and does not deprive the judicial branch of the power and authority under both this chapter and the adjudicated cases to determine whether other services and acts not enumerated may constitute the practice of law.
(c)  In this chapter, the "practice of law" does not include the design, creation, publication, distribution, display, or sale, including publication, distribution, display, or sale by means of an Internet web site, of written materials, books, forms, computer software, or similar products if the products clearly and conspicuously state that the products are not a substitute for the advice of an attorney.  This subsection does not authorize the use of the products or similar media in violation of Chapter 83 and does not affect the applicability or enforceability of that chapter.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 799, Sec. 1, eff. June 18, 1999.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter G. Unauthorized Practice of Law › Section 81.1011. Exception for Certain Legal Assistance

Sec. 81.1011.  EXCEPTION FOR CERTAIN LEGAL ASSISTANCE.  (a)  Notwithstanding Section 81.101(a), the "practice of law" does not include technical advice, consultation, and document completion assistance provided by an employee or volunteer of an area agency on aging affiliated with the Health and Human Services Commission who meets the requirements of Subsection (b) if that advice, consultation, and assistance relates to:
(1)  a medical power of attorney or other advance directive under Chapter 166, Health and Safety Code; or
(2)  a designation of guardian before need arises under Section 1104.202, Estates Code.
(b)  An employee or volunteer described by Subsection (a) must:
(1)  provide benefits counseling through an area agency on aging system of access and assistance to agency clients;
(2)  comply with rules adopted by the Texas Department on Aging regarding qualifications, training requirements, and other requirements for providing benefits counseling services, including legal assistance and legal awareness services;
(3)  have received specific training in providing the technical advice, consultation, and assistance described by Subsection (a);  and
(4)  be certified by the Texas Department on Aging as having met the requirements of this subsection.
(c)  The Texas Department on Aging by rule shall develop certification procedures by which the department certifies that an employee or volunteer described by Subsection (a) has met the requirements of Subsections (b)(1), (2), and (3).
Added by Acts 2001, 77th Leg., ch. 845, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 846 (H.B. 2780), Sec. 6, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter G. Unauthorized Practice of Law › Section 81.102. State Bar Membership Required

Sec. 81.102.  STATE BAR MEMBERSHIP REQUIRED.  (a)  Except as provided by Subsection (b), a person may not practice law in this state unless the person is a member of the state bar.
(b)  The supreme court may promulgate rules prescribing the procedure for limited practice of law by:
(1)  attorneys licensed in another jurisdiction;
(2)  bona fide law students;  and
(3)  unlicensed graduate students who are attending or have attended a law school approved by the supreme court.
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 81 - State Bar › Subchapter G. Unauthorized Practice of Law › Section 81.103. Unauthorized Practice of Law Committee

Sec. 81.103.  UNAUTHORIZED PRACTICE OF LAW COMMITTEE.  (a)  The unauthorized practice of law committee is composed of nine persons appointed by the supreme court.
(b)  At least three of the committee members must be nonattorneys.
(c)  Committee members serve for staggered terms of three years with three members' terms expiring each year.
(d)  A committee member may be reappointed.
(e)  Each year the supreme court shall designate a committee member to serve as chairperson.
(f)  All necessary and actual expenses of the committee should be provided for and paid out of the budget of the state bar.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 795, Sec. 25, eff. Sept. 1, 1991.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter G. Unauthorized Practice of Law › Section 81.104. Duties of Unauthorized Practice of Law Committee

Sec. 81.104.  DUTIES OF UNAUTHORIZED PRACTICE OF LAW COMMITTEE.  The unauthorized practice of law committee shall:
(1)  keep the supreme court and the state bar informed with respect to:
(A)  the unauthorized practice of law by lay persons and lay agencies and the participation of attorneys in that unauthorized practice of law;  and
(B)  methods for the prevention of the unauthorized practice of law;  and
(2)  seek the elimination of the unauthorized practice of law by appropriate actions and methods, including the filing of suits in the name of the committee.
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 81 - State Bar › Subchapter G. Unauthorized Practice of Law › Section 81.105. Local Committees

Sec. 81.105.  LOCAL COMMITTEES.  This chapter does not prohibit the establishment of local unauthorized practice of law committees to assist the unauthorized practice of law committee in carrying out its purposes.
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 81 - State Bar › Subchapter G. Unauthorized Practice of Law › Section 81.106. Immunity

Sec. 81.106.  IMMUNITY.  (a)  The unauthorized practice of law committee, any member of the committee, or any person to whom the committee has delegated authority and who is assisting the committee is not liable for any damages for an act or omission in the course of the official duties of the committee.
(b)  A complainant or a witness in a proceeding before the committee or before a person to whom the committee has delegated authority and who is assisting the committee has the same immunity that a complainant or witness has in a judicial proceeding.
Added by Acts 1991, 72nd Leg., ch. 795, Sec. 26, eff. Sept. 1, 1991.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter H. Miscellaneous Provisions › Section 81.112. Fee Dispute Resolution Procedure

Sec. 81.112.  FEE DISPUTE RESOLUTION PROCEDURE.  The state bar shall establish a standard fee dispute resolution procedure that may be used by a bar committee or other organization as a model for a fee dispute resolution program.
Added by Acts 1991, 72nd Leg., ch. 795, Sec. 28, eff. Sept. 1, 1991.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter H. Miscellaneous Provisions › Section 81.113. Continuing Legal Education

Sec. 81.113.  CONTINUING LEGAL EDUCATION.  (a)  Except as provided by Subsection (b), the state bar shall credit an attorney licensed in this state with meeting the minimum continuing legal education requirements of the state bar for a reporting year if during the reporting year the attorney is employed full-time as an attorney by:
(1)  the senate;
(2)  the house of representatives;
(3)  a committee, division, department, or office of the senate or house;
(4)  the Texas Legislative Council;
(5)  the Legislative Budget Board;
(6)  the Legislative Reference Library;
(7)  the office of the state auditor;  or
(8)  the Sunset Advisory Commission.
(b)  An attorney credited for continuing legal education under Subsection (a) must meet the continuing legal education requirements of the state bar in legal ethics or professional responsibility.
(c)  The state bar shall recognize, prepare, or administer continuing education programs for members of the state bar.  A member of the state bar must participate in the programs to the extent required by the supreme court to maintain the person's state bar membership.
Added by Acts 1991, 72nd Leg., ch. 795, Sec. 29, eff. Sept. 1, 1991.  Amended by Acts 2003, 78th Leg., ch. 227, Sec. 19, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 24.01, eff. September 28, 2011.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter H. Miscellaneous Provisions › Section 81.114. Attorney Instruction Related to Guardianship Issues

Sec. 81.114.  ATTORNEY INSTRUCTION RELATED TO GUARDIANSHIP ISSUES.  (a)  The state bar shall provide a course of instruction for attorneys who represent any person's interests in guardianship cases or who serve as court-appointed guardians.
(b)  The state bar shall adopt the rules necessary to accomplish the purposes of this section.
(c)  The instruction must include information about:
(1)  statutory and case law relating to guardianships;
(2)  the aging process and the nature of disabilities;
(3)  the requirements of the Americans with Disabilities Act (42 U.S.C. Section 12101 et seq.) and related case and statutory law, rules, and compliance methods;
(4)  the principles of equal access and accommodation;
(5)  the use of community resources for the disabled;  and
(6)  avoidance of stereotypes through a focus on people's individual abilities, support needs, and inherent individual value.
(d)  The instruction may include information about:
(1)  substantive areas of law concerning the needs of elderly persons and persons with disabilities;
(2)  barriers to physical access and methods to overcome those barriers;
(3)  communication needs of elderly persons and persons with disabilities and the technology available to provide access to communication;
(4)  duties and responsibilities of guardians, guardians ad litem, attorneys, and court personnel in guardianship proceedings;
(5)  standard definitions and procedures for determining incapacity;
(6)  standards for surrogate decision making;
(7)  the doctrine of the least-restrictive alternative;
(8)  the dispute resolution process, especially its application to elderly persons and persons with disabilities;  and
(9)  successful programs and funding efforts for addressing the court-related needs of elderly persons and persons with disabilities.
(e)  The course of instruction described by this section must be low-cost and available to persons throughout this state, including on the Internet provided through the state bar.
Added by Acts 1993, 73rd Leg., ch. 905, Sec. 3, eff. Sept. 1, 1993.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 70, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 576 (S.B. 615), Sec. 30, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter I. Executive Committee › Section 81.121. Executive Committee

Sec. 81.121.  EXECUTIVE COMMITTEE.  (a)  The executive committee consists of:
(1)  the president, the president-elect, and the immediate past president of the state bar;
(2)  the chair of the board of directors;
(3)  the president of the Texas Young Lawyers Association;  and
(4)  additional members appointed by the president of the state bar.
(b)  The general counsel and executive director serve as ex officio members of the committee.
(c)  The president of the state bar serves as chair of the committee.  The chair of the board of directors serves as vice chair of the committee and presides over committee meetings in the committee chair's absence.
Added by Acts 2003, 78th Leg., ch. 227, Sec. 20, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter I. Executive Committee › Section 81.122. Duties of Executive Committee

Sec. 81.122.  DUTIES OF EXECUTIVE COMMITTEE.  The executive committee shall:
(1)  on the recommendation of the president of the state bar, approve the creation of additional standing and special committees of the state bar in accordance with Section 81.123;
(2)  conduct a comprehensive review of standing and special committees of the state bar at least biennially and more frequently as the executive committee determines necessary to assess whether there is:
(A)  a continued need for each committee;  and
(B)  unnecessary overlap of the committees' activities;  and
(3)  perform other duties as delegated by the board of directors.
Added by Acts 2003, 78th Leg., ch. 227, Sec. 20, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter I. Executive Committee › Section 81.123. Approval of Committees

Sec. 81.123.  APPROVAL OF COMMITTEES.  Before the executive committee may approve the creation of an additional standing or special committee of the state bar, the committee must:
(1)  study and determine the fiscal impact creating the committee would have on the state bar budget;  and
(2)  poll the chair of each existing committee and conduct a review to determine whether the matter to be addressed by the proposed committee could be addressed by an existing committee.
Added by Acts 2003, 78th Leg., ch. 227, Sec. 20, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter J. Deceptive Advertising Practices › Section 81.151. Applicability

Sec. 81.151.  APPLICABILITY.  (a)  This subchapter applies only to a television advertisement that promotes a person's provision of legal services or solicits clients to receive legal services.
(b)  This subchapter does not apply to an advertisement by a federal, state, or local government entity.
Added by Acts 2019, 86th Leg., R.S., Ch. 528 (S.B. 1189), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter J. Deceptive Advertising Practices › Section 81.152. Prohibited Advertising

Sec. 81.152.  PROHIBITED ADVERTISING.  An advertisement for legal services may not:
(1)  present the advertisement as a "medical alert," "health alert," "drug alert," "public service announcement," or substantially similar phrase that suggests to a reasonable viewer the advertisement is offering professional, medical, or government agency advice about medications or medical devices rather than legal services;
(2)  display the logo of a federal or state government agency in a manner that suggests to a reasonable viewer the advertisement is presented by a federal or state government agency or by an entity approved by or affiliated with a federal or state government agency; or
(3)  use the term "recall" when referring to a product that has not been recalled by a government agency or through an agreement between a manufacturer and government agency.
Added by Acts 2019, 86th Leg., R.S., Ch. 528 (S.B. 1189), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter J. Deceptive Advertising Practices › Section 81.153. Required Warnings and Disclosures

Sec. 81.153.  REQUIRED WARNINGS AND DISCLOSURES.  (a)  An advertisement for legal services must state, both verbally and visually:
(1)  at the beginning of the advertisement, "This is a paid advertisement for legal services.";
(2)  the identity of the sponsor of the advertisement; and
(3)  either:
(A)  the identity of the attorney or law firm primarily responsible for providing solicited legal services to a person who engages the attorney or law firm in response to the advertisement; or
(B)  the manner in which a responding person's case is referred to an attorney or law firm if the sponsor of the advertisement is not legally authorized to provide legal services to clients.
(b)  An advertisement for legal services soliciting clients who may allege an injury from a prescription drug approved by the United States Food and Drug Administration must include a verbal and visual statement:  "Do not stop taking a prescribed medication without first consulting a physician."
Added by Acts 2019, 86th Leg., R.S., Ch. 528 (S.B. 1189), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter J. Deceptive Advertising Practices › Section 81.154. Form of Required Warnings and Disclosures; Court Findings

Sec. 81.154.  FORM OF REQUIRED WARNINGS AND DISCLOSURES; COURT FINDINGS.  (a)  A visual statement required by this subchapter to appear in an advertisement must be presented clearly, conspicuously, and for a sufficient length of time for a viewer to see and read the statement.
(b)  A court may not find that a visual statement in an advertisement is noncompliant with Subsection (a) if the statement is presented in the same size and style of font and for the same duration as a visual reference to the telephone number or Internet website of the entity a responding person contacts for the legal services offered or discussed in the advertisement.
(c)  A verbal statement required by this subchapter to appear in an advertisement must be audible, intelligible, and presented with equal prominence as the other parts of the advertisement.
(d)  A court may not find that a verbal statement in an advertisement is noncompliant with Subsection (c) if the statement is made at approximately the same volume and uses approximately the same number of words per minute as the voice-over of longest duration in the advertisement other than information required by this subchapter.
Added by Acts 2019, 86th Leg., R.S., Ch. 528 (S.B. 1189), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter J. Deceptive Advertising Practices › Section 81.155. Enforcement; Private Cause of Action Not Created

Sec. 81.155.  ENFORCEMENT; PRIVATE CAUSE OF ACTION NOT CREATED.  (a)  A violation of this subchapter is a deceptive act or practice actionable under Subchapter E, Chapter 17, Business & Commerce Code, solely as an enforcement action by the consumer protection division of the attorney general's office or by a district or county attorney as provided by that subchapter.  All remedies available under that subchapter are available for a violation of this subchapter.
(b)  This subchapter does not create a private cause of action.
(c)  Notwithstanding Subsection (a), if the advertising review committee of the State Bar of Texas reviews, in accordance with the committee's procedures, an advertisement for compliance with this subchapter before the first dissemination of the advertisement and the committee informs the sponsor of the advertisement that the advertisement is in compliance with this subchapter and the applicable advertising standards in the Texas Disciplinary Rules of Professional Conduct, the consumer protection division of the attorney general's office or a district or county attorney may not pursue an action under Subsection (a) unless:
(1)  the consumer protection division or the district or county attorney demanded that the sponsor of the advertisement cease further dissemination of the advertisement;
(2)  the sponsor of the advertisement is given a reasonable amount of time to ensure the advertisement is withdrawn from dissemination to the public; and
(3)  the sponsor of the advertisement fails to ensure the advertisement is withdrawn from dissemination to the public within the time provided.
Added by Acts 2019, 86th Leg., R.S., Ch. 528 (S.B. 1189), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter J. Deceptive Advertising Practices › Section 81.156. Construction of Subchapter

Sec. 81.156.  CONSTRUCTION OF SUBCHAPTER.  This subchapter may not be construed to limit or otherwise affect the authority of the Supreme Court of Texas to regulate the practice of law, enforce the Texas Disciplinary Rules of Professional Conduct, or discipline persons admitted to the state bar.
Added by Acts 2019, 86th Leg., R.S., Ch. 528 (S.B. 1189), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 82 - Licensing of Attorneys › Subchapter A. Board of Law Examiners › Section 82.001. Board of Law Examiners

Sec. 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 May 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, Sec. 3.01, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 576, Sec. 1, eff. Sept. 1, 1991;  Acts 1999, 76th Leg., ch. 116, Sec. 1, eff. May 18, 1999;  Acts 2003, 78th Leg., ch. 212, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 532 (S.B. 303), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 82 - Licensing of Attorneys › Subchapter A. Board of Law Examiners › Section 82.002. Conflict of Interest

Sec. 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, Sec. 3.01, eff. Sept. 1, 1987.  Amended by Acts 2003, 78th Leg., ch. 212, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 82 - Licensing of Attorneys › Subchapter A. Board of Law Examiners › Section 82.0021. Removal of Board Members

Sec. 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, Sec. 2, eff. Sept. 1, 1991.  Amended by Acts 2003, 78th Leg., ch. 212, Sec. 3, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 82 - Licensing of Attorneys › Subchapter A. Board of Law Examiners › Section 82.003. Open Records and Open Meetings

Sec. 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, Sec. 3.01, eff. Sept. 1, 1987.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(83), (94), eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 212, Sec. 4, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 82 - Licensing of Attorneys › Subchapter A. Board of Law Examiners › Section 82.004. Board Duties

Sec. 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, Sec. 3.01, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 576, Sec. 3, eff. Sept. 1, 1991.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 82 - Licensing of Attorneys › Subchapter A. Board of Law Examiners › Section 82.005. Board Compensation

Sec. 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 $30,000 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, Sec. 3.01, eff. Sept. 1, 1987.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(104), eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 338 (S.B. 1122), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 82 - Licensing of Attorneys › Subchapter A. Board of Law Examiners › Section 82.006. Sunset Provision

Sec. 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, 2029.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 576, Sec. 4, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec. 6.19, eff. Nov. 12, 1991;  Acts 2003, 78th Leg., ch. 212, Sec. 5, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1232 (S.B. 652), Sec. 3.05, eff. June 17, 2011.
Acts 2017, 85th Leg., R.S., Ch. 532 (S.B. 303), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 82 - Licensing of Attorneys › Subchapter A. Board of Law Examiners › Section 82.007. Career Ladder; Annual Performance Evaluations

Sec. 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, Sec. 5, eff. Sept. 1, 1991.  Amended by Acts 2003, 78th Leg., ch. 212, Sec. 6, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 82 - Licensing of Attorneys › Subchapter A. Board of Law Examiners › Section 82.0071. Equal Employment Opportunity Policy

Sec. 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, Sec. 6, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 82 - Licensing of Attorneys › Subchapter A. Board of Law Examiners › Section 82.0072. Standards of Conduct

Sec. 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, Sec. 6, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 82 - Licensing of Attorneys › Subchapter A. Board of Law Examiners › Section 82.0073. Separation of Responsibilities; Delegation

Sec. 82.0073.  SEPARATION OF RESPONSIBILITIES; DELEGATION.  (a)  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.
(b)  Subject to supreme court rules, the Board of Law Examiners may delegate routine decisions to the executive director of the board, including waiver requests.
Added by Acts 2003, 78th Leg., ch. 212, Sec. 6, eff. Sept. 1, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 532 (S.B. 303), Sec. 3, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 82 - Licensing of Attorneys › Subchapter A. Board of Law Examiners › Section 82.008. Public Information

Sec. 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, Sec. 5, eff. Sept. 1, 1991.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 82 - Licensing of Attorneys › Subchapter A. Board of Law Examiners › Section 82.009. Program Accessibility

Sec. 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, Sec. 5, eff. Sept. 1, 1991.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 82 - Licensing of Attorneys › Subchapter A. Board of Law Examiners › Section 82.010. Training Program Required

Sec. 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 law governing board operations;
(2)  the programs, functions, rules, and budget of the board;
(3)  the results of the most recent formal audit of the board;
(4)  the requirements of:
(A)  laws relating to open meetings, public information, administrative procedure, and disclosing conflicts of interest; and
(B)  other laws applicable to members of a state policymaking body in performing their duties; and
(5)  any applicable ethics policies adopted by the board or the Texas Ethics Commission.
(c)  The executive director of the Board of Law Examiners shall create a training manual that includes the information required by Subsection (b).  The executive director shall distribute a copy of the training manual annually to each member of the board.  On receipt of the training manual, each member of the board shall sign and submit to the executive director a statement acknowledging receipt of the training manual.
Added by Acts 2003, 78th Leg., ch. 212, Sec. 7, eff. Sept. 1, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 532 (S.B. 303), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 82 - Licensing of Attorneys › Subchapter A. Board of Law Examiners › Section 82.011. Written Complaints

Sec. 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, Sec. 7, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 82 - Licensing of Attorneys › Subchapter A. Board of Law Examiners › Section 82.013. Effective Use of Technology

Sec. 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, Sec. 7, 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 82.021. Supreme Court Authority

Sec. 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, 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 82.022. Supreme Court Rulemaking

Sec. 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.
(a-1)  In adopting rules on eligibility for examination for a license to practice law, the supreme court shall ensure that no rule violates Chapter 110, Civil Practice and Remedies Code.
(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)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 506 (S.B. 37), Sec. 7(2), eff. June 7, 2019.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 985, Sec. 20, eff. Sept. 1, 1989.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 532 (S.B. 303), Sec. 5, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 506 (S.B. 37), Sec. 7(2), eff. June 7, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 82 - Licensing of Attorneys › Subchapter B. Licensing of Attorneys › Section 82.023. Declaration of Intention to Study Law

Sec. 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 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 not later than the date established by supreme court rule 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 date established by supreme court rule 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 evaluation by a licensed mental health professional designated by this 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 declarants who may suffer from chemical dependency.
(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)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 532 (S.B. 303), Sec. 11, eff. September 1, 2017.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 576, Sec. 6, eff. Sept. 1, 1991.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 532 (S.B. 303), Sec. 6, 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 82.024. Law Study Requirements; Eligibility for Examination

Sec. 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, Sec. 3.01, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 576, Sec. 7, eff. Sept. 1, 1991.