reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 5 - Regulation of Financial and Legal Services › Subtitle A - Financial Services › Chapter 901 - Accountants › Subchapter N. Scholarships for Accounting Students › Section 901.656. Scholarship Regulations

Sec. 901.656.  SCHOLARSHIP REGULATIONS.  (a)  The board shall determine the maximum amount of any scholarship awarded under this subchapter.  The scholarship may be spent by the recipient on the expenses for tuition, fees, books, supplies, and living expenses incurred by the accounting student in connection with the student's study in an accounting program.  Scholarships shall be made available to eligible students attending:
(1)  any institution of higher education; or
(2)  any nonprofit independent institution approved by the Texas Higher Education Coordinating Board under Section 61.222, Education Code.
(b)  The board may award a scholarship under this subchapter only to an eligible student who intends to take the uniform CPA examination conducted by the board for the purpose of granting a certificate of "certified public accountant." An applicant for a scholarship under this subchapter shall state such an intent by filing a form provided by the board stating an intent to take the examination.
(c)  A scholarship under this subchapter shall be paid to the recipient in the form of periodic partial payments throughout the school year. The board by rule shall determine the manner in which these payments are made.
Transferred from Education Code, Subchapter N, Chapter 61 and amended by Acts 2009, 81st Leg., R.S., Ch. 119 (H.B. 2440), Sec. 2, eff. September 1, 2009.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 181 (H.B. 1520), Sec. 20, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 447 (H.B. 2217), Sec. 14, eff. June 9, 2023.
2023 Texas Statutes › Occupations Code › Title 5 - Regulation of Financial and Legal Services › Subtitle A - Financial Services › Chapter 901 - Accountants › Subchapter N. Scholarships for Accounting Students › Section 901.658. Funding

Sec. 901.658.  FUNDING.  The board may:
(1)  use without appropriation, in accordance with this subchapter and Section 901.155, any money from the trust fund established under Section 901.155; and
(2)  accept gifts, grants, and donations of real or personal property from any entity, subject to limitations or conditions set by law, for the purposes of this subchapter.
Transferred from Education Code, Subchapter N, Chapter 61 and amended by Acts 2009, 81st Leg., R.S., Ch. 119 (H.B. 2440), Sec. 2, eff. September 1, 2009.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 150 (H.B. 1685), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 5 - Regulation of Financial and Legal Services › Subtitle A - Financial Services › Chapter 901 - Accountants › Subchapter N. Scholarships for Accounting Students › Section 901.659. Minority and Disadvantaged Student Internships

Sec. 901.659.  MINORITY AND DISADVANTAGED STUDENT INTERNSHIPS.  (a)  The board shall adopt rules to encourage internships for minority and disadvantaged students and certified public accountant examination candidates who notify the board not later than 90 days after the date of being accepted into an accounting internship program.
(b)  The rules adopted by the board shall include standards for appropriate recognition of an accounting firm for its efforts in training and hiring minority or disadvantaged students.
Transferred from Education Code, Subchapter N, Chapter 61 and amended by Acts 2009, 81st Leg., R.S., Ch. 119 (H.B. 2440), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 5 - Regulation of Financial and Legal Services › Subtitle A - Financial Services › Chapter 901 - Accountants › Subchapter N. Scholarships for Accounting Students › Section 901.660. Report on Accountant Scholarship Program

Sec. 901.660.  REPORT ON ACCOUNTANT SCHOLARSHIP PROGRAM.  (a)  Before January 15 of each odd-numbered year, the board shall report to the legislature concerning the scholarship program for accounting students administered by the board under this subchapter.
(b)  The report expenses shall be included in the administrative costs allocated to the board under Section 901.155.  The report must include:
(1)  the number and amount of scholarships awarded in the two calendar years preceding the year in which the report is due; and
(2)  the number of minority students, by racial or ethnic background, who have been awarded scholarships under the program in that two-year period.
Added by Acts 1991, 72nd Leg., ch. 533, Sec. 33, eff. Sept. 1, 1991.
Redesignated from Education Code, Section 61.081 and amended by Acts 2009, 81st Leg., R.S., Ch. 119 (H.B. 2440), Sec. 3, eff. September 1, 2009.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 447 (H.B. 2217), Sec. 15, eff. June 9, 2023.
2023 Texas Statutes › Occupations Code › Title 5 - Regulation of Financial and Legal Services › Subtitle B - Legal Services › Chapter 951 - Prepaid Legal Services › Subchapter A. General Provisions › Section 951.001. Short Title

Sec. 951.001.  SHORT TITLE.  This chapter may be cited as the Prepaid Legal Services Act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 5 - Regulation of Financial and Legal Services › Subtitle B - Legal Services › Chapter 951 - Prepaid Legal Services › Subchapter A. General Provisions › Section 951.002. Definitions

Sec. 951.002.  DEFINITIONS.  In this chapter:
(1)  "Board of directors" means the board of directors of the state bar.
(2)  "Client" means an eligible member or beneficiary of a sponsoring organization.
(3)  "Organization" means a nonprofit organization or combination of persons, incorporated or otherwise, including a professional association, trade association, or labor union.
(4)  "Prepaid legal services program" means a plan under which:
(A)  a sponsoring organization offers legal services benefits to its members or beneficiaries;  and
(B)  the services are financed by direct financial charge in advance of need.
(5)  "State bar" means the State Bar of Texas.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 5 - Regulation of Financial and Legal Services › Subtitle B - Legal Services › Chapter 951 - Prepaid Legal Services › Subchapter A. General Provisions › Section 951.003. Applicability of Chapter

Sec. 951.003.  APPLICABILITY OF CHAPTER.  (a)  This chapter does not apply to:
(1)  the employment of counsel by an organization to represent its members free of direct financial charge to those members;  or
(2)  legal services made available incidental to a contract of insurance in which the insurer has contracted to pay all or a substantial part of a judgment, if any, and the legal services are free of direct financial charge to the insured.
(b)  A law pertaining to legal service contracts under Chapter 953 or insurance does not apply to a program under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 1181, Sec. 3, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 5 - Regulation of Financial and Legal Services › Subtitle B - Legal Services › Chapter 951 - Prepaid Legal Services › Subchapter A. General Provisions › Section 951.004. Supplementary Bylaws; Rules

Sec. 951.004.  SUPPLEMENTARY BYLAWS;  RULES.  (a)  The board of directors may adopt supplementary bylaws as necessary to administer and enforce this chapter.
(b)  The state bar may:
(1)  adopt rules regulating the participation of a state bar member in group legal services programs;  and
(2)  require periodic reporting on that participation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 5 - Regulation of Financial and Legal Services › Subtitle B - Legal Services › Chapter 951 - Prepaid Legal Services › Subchapter B. Regulation of Pilot Program › Section 951.051. Approval of Pilot Program

Sec. 951.051.  APPROVAL OF PILOT PROGRAM.  (a)  The board may approve not more than five prepaid legal services pilot programs between classroom teachers associations and the state bar.
(b)  A member of the state bar may provide legal services to a prepaid legal services program only if the organization sponsoring the program is approved by the board of directors.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 5 - Regulation of Financial and Legal Services › Subtitle B - Legal Services › Chapter 951 - Prepaid Legal Services › Subchapter B. Regulation of Pilot Program › Section 951.052. Application

Sec. 951.052.  APPLICATION.  (a)  An applicant for approval of a prepaid legal services program must show that:
(1)  the program money held by the organization sponsoring the program is secure, as evidenced by a fidelity bond for the officers of the organization authorized to manage the money;
(2)  the program complies with the Disciplinary Rules of Professional Conduct;
(3)  a client may obtain the services from any lawyer the client chooses;  and
(4)  each client is given, before entering into the program, full written information concerning:
(A)  the services offered by the program;
(B)  the total annual cost of the program to an individual client;  and
(C)  the required compliance of the program with this subsection.
(b)  If the board of directors determines that an organization's application complies with this section, the board of directors shall approve the application.  If the board of directors determines that the application does not substantially comply with this section, the board of directors shall disapprove the application and provide the organization with written notice of the reasons for the disapproval.
(c)  The board of directors shall approve or disapprove an application not later than the 60th day after the date the application is filed.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 5 - Regulation of Financial and Legal Services › Subtitle B - Legal Services › Chapter 951 - Prepaid Legal Services › Subchapter B. Regulation of Pilot Program › Section 951.053. Application Fee

Sec. 951.053.  APPLICATION FEE.  The board of directors may set a fee, in an amount reasonable and necessary to enforce this chapter, for an organization applying for approval of a prepaid legal services program.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 5 - Regulation of Financial and Legal Services › Subtitle B - Legal Services › Chapter 951 - Prepaid Legal Services › Subchapter B. Regulation of Pilot Program › Section 951.054. Revocation of Program Approval

Sec. 951.054.  REVOCATION OF PROGRAM APPROVAL.  (a)  On written notice to an organization of the reasons for revocation, the board of directors may revoke the approval of a program sponsored by the organization for failure to:
(1)  provide the services offered;  or
(2)  comply with Section 951.052(a).
(b)  On receipt of notice of revocation, the organization shall:
(1)  return to its clients the unspent money of the prepaid legal services program, including any available bond proceeds;  and
(2)  certify to the board of directors the manner and amount of the redistribution of the money.
(c)  If necessary, the board of directors shall supervise the redistribution of money under Subsection (b).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 5 - Regulation of Financial and Legal Services › Subtitle B - Legal Services › Chapter 952 - Lawyer Referral Services › Subchapter A. General Provisions › Section 952.001. Short Title

Sec. 952.001.  SHORT TITLE.  This chapter may be cited as the Texas Lawyer Referral Service Quality Assurance Act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 5 - Regulation of Financial and Legal Services › Subtitle B - Legal Services › Chapter 952 - Lawyer Referral Services › Subchapter A. General Provisions › Section 952.002. Definitions

Sec. 952.002.  DEFINITIONS.  In this chapter:
(1)  "Lawyer referral service" means a person or the service provided by the person that refers potential clients to lawyers regardless of whether the person uses the term "referral service" to describe the service provided.
(2)  "State bar" means the State Bar of Texas.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 5 - Regulation of Financial and Legal Services › Subtitle B - Legal Services › Chapter 952 - Lawyer Referral Services › Subchapter A. General Provisions › Section 952.003. Applicability of Chapter

Sec. 952.003.  APPLICABILITY OF CHAPTER.  A lawyer referral service does not include:
(1)  an organization that recommends, furnishes, or pays for legal services for its members or beneficiaries and that satisfies the conditions of the Disciplinary Rules of Professional Conduct or other rules adopted by the supreme court;
(2)  a plan of prepaid legal services insurance;
(3)  a referral made by one lawyer to another lawyer that conforms with the Disciplinary Rules of Professional Conduct or other rules adopted by the supreme court;
(4)  lawyers who jointly advertise their services in a manner that clearly shows that the advertising is intended solely to solicit clients for those lawyers;  or
(5)  a service of a pro bono publico legal assistance program that does not accept a fee from either the lawyer or the client.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 5 - Regulation of Financial and Legal Services › Subtitle B - Legal Services › Chapter 952 - Lawyer Referral Services › Subchapter B. State Bar Powers and Duties › Section 952.051. Rules; Enforcement

Sec. 952.051.  RULES;  ENFORCEMENT.  (a)  The state bar shall adopt reasonable rules subject to the approval of the supreme court to administer this chapter.
(b)  The state bar may enforce this chapter and the rules adopted under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 5 - Regulation of Financial and Legal Services › Subtitle B - Legal Services › Chapter 952 - Lawyer Referral Services › Subchapter B. State Bar Powers and Duties › Section 952.052. Fees

Sec. 952.052.  FEES.  The state bar may set fees, in amounts that are reasonable and necessary to cover the costs of administering this chapter, for the issuance and renewal of a certificate under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 5 - Regulation of Financial and Legal Services › Subtitle B - Legal Services › Chapter 952 - Lawyer Referral Services › Subchapter C. Certification › Section 952.101. Certificate Required

Sec. 952.101.  CERTIFICATE REQUIRED.  A person may not operate a lawyer referral service in this state unless the person holds a certificate issued under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 5 - Regulation of Financial and Legal Services › Subtitle B - Legal Services › Chapter 952 - Lawyer Referral Services › Subchapter C. Certification › Section 952.102. Application Requirements; Renewal

Sec. 952.102.  APPLICATION REQUIREMENTS;  RENEWAL.  (a)  An applicant for a certificate or the renewal of a certificate issued under this chapter must:
(1)  be operated by:
(A)  a governmental entity;  or
(B)  a nonprofit entity exempt from the payment of federal income taxes under Section 501(a) of the Internal Revenue Code of 1986 and its subsequent amendments by being listed as an exempt entity under Section 501(c)(3), 501(c)(4), or 501(c)(6) of that code;
(2)  certify on the application provided by the state bar that the applicant operates primarily for the benefit of the public;  and
(3)  provide the state bar with a list containing the name, firm name, address, and business telephone number of at least 25 lawyers, each from different law firms, who have contracted with the applicant to receive referral services.
(b)  The list required under Subsection (a)(3) must include each lawyer or firm that is a subscriber or potential subscriber to the applicant's services.
(c)  A certificate is valid for one year from the date issued and may be renewed annually on the payment of the required renewal fee.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 5 - Regulation of Financial and Legal Services › Subtitle B - Legal Services › Chapter 952 - Lawyer Referral Services › Subchapter D. Referral Service Requirements › Section 952.151. Notice Requirement

Sec. 952.151.  NOTICE REQUIREMENT.  (a)  A lawyer referral service shall include the following statement in any advertising or other promotional effort:  "This service is certified as a lawyer referral service as required by the State of Texas under Chapter 952, Occupations Code."
(b)  Advertising or other promotional materials of a lawyer referral service prepared before September 1, 1999, that comply with Section 12, Texas Lawyer Referral Service Quality Assurance Act (Article 320d, Vernon's Texas Civil Statutes), as that section existed on August 31, 1999, are not required to comply with Subsection (a).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 5 - Regulation of Financial and Legal Services › Subtitle B - Legal Services › Chapter 952 - Lawyer Referral Services › Subchapter D. Referral Service Requirements › Section 952.152. Lawyer Participation

Sec. 952.152.  LAWYER PARTICIPATION.  A lawyer who is licensed and in good standing in this state and who maintains an office in the geographical area served by a lawyer referral service may receive referrals of potential clients from the service if the lawyer:
(1)  complies with Section 952.155;  and
(2)  pays a reasonable registration and membership fee not to exceed the amount set by state bar rules.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 5 - Regulation of Financial and Legal Services › Subtitle B - Legal Services › Chapter 952 - Lawyer Referral Services › Subchapter D. Referral Service Requirements › Section 952.153. Proof of Financial Responsibility

Sec. 952.153.  PROOF OF FINANCIAL RESPONSIBILITY.  A lawyer referral service may require a member, as a condition of membership, to:
(1)  obtain a policy of errors and omissions insurance;  or
(2)  establish other proof of financial responsibility in an amount determined by the service.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 5 - Regulation of Financial and Legal Services › Subtitle B - Legal Services › Chapter 952 - Lawyer Referral Services › Subchapter D. Referral Service Requirements › Section 952.154. Subject Matter and Other Panels

Sec. 952.154.  SUBJECT MATTER AND OTHER PANELS.  (a)  A lawyer referral service shall establish specific subject matter panels.
(b)  A lawyer referral service may establish:
(1)  moderate-fee and no-fee panels;
(2)  alternative dispute resolution panels;  and
(3)  other special panels that respond to the referral needs of the public.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 5 - Regulation of Financial and Legal Services › Subtitle B - Legal Services › Chapter 952 - Lawyer Referral Services › Subchapter D. Referral Service Requirements › Section 952.155. Limitations on Client Fees

Sec. 952.155.  LIMITATIONS ON CLIENT FEES.  (a)  A lawyer may not charge a potential client referred to the lawyer by a referral service an amount that exceeds the total cost the client would have been required to pay, including legal fees and expenses, if a referral service had not referred the client.
(b)  The combined amounts of any fee charged to a potential client by the lawyer or the referral service may not exceed $20 for the first 30 minutes of the initial office visit with the lawyer.
(c)  An agreement between a lawyer and a referral service to eliminate or restrict the fee for the first 30 minutes of an initial office visit with the lawyer does not violate any statute or rule, including Chapter 15, Business & Commerce Code.
(d)  A fee charged under Subsection (b) may be used only to pay:
(1)  the reasonable operating expenses of the referral service;  or
(2)  the expenses of a public service program, including a pro bono publico legal program.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 5 - Regulation of Financial and Legal Services › Subtitle B - Legal Services › Chapter 952 - Lawyer Referral Services › Subchapter E. Complaint Procedures and Enforcement › Section 952.201. Evaluation and Complaint Procedures

Sec. 952.201.  EVALUATION AND COMPLAINT PROCEDURES.  A lawyer referral service shall establish policies and procedures to:
(1)  evaluate client satisfaction with its services;  and
(2)  address client complaints with regard to the referral service or the lawyers and firms that subscribe to the referral service.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 5 - Regulation of Financial and Legal Services › Subtitle B - Legal Services › Chapter 952 - Lawyer Referral Services › Subchapter E. Complaint Procedures and Enforcement › Section 952.202. Suspension or Removal From Lawyer Referral Service

Sec. 952.202.  SUSPENSION OR REMOVAL FROM LAWYER REFERRAL SERVICE.  (a)  A lawyer referral service shall establish written policies and procedures to suspend or remove a lawyer or firm from the referral service's list of subscribers.
(b)  The policies and procedures established under Subsection (a) must include the suspension and removal of a lawyer who fails to handle referred clients in a diligent and responsible manner.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 5 - Regulation of Financial and Legal Services › Subtitle B - Legal Services › Chapter 952 - Lawyer Referral Services › Subchapter E. Complaint Procedures and Enforcement › Section 952.203. Injunctive Relief

Sec. 952.203.  INJUNCTIVE RELIEF.  (a)  The state bar or a lawyer referral service certified under this chapter may bring an action to enjoin a violation of this chapter and may recover costs and attorney's fees related to obtaining the injunction.
(b)  Bond or other security may not be required of the state bar or a referral service as a condition for the issuance of an injunction under this section.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 5 - Regulation of Financial and Legal Services › Subtitle B - Legal Services › Chapter 953 - Regulation of For-Profit Legal Service Contract Companies › Subchapter A. General Provisions › Section 953.001. Definitions

Sec. 953.001.  DEFINITIONS.  In this chapter:
(1)  "Administrator" means the person responsible for the administration of a legal service contract.
(2)  "Company" means a person who:
(A)  is contractually obligated to a legal service contract holder under the terms of a legal service contract;
(B)  enters into a contract with a contracting attorney to provide or obtain covered legal services for a legal service contract holder;  and
(C)  operates as a for-profit legal service contract company.
(3)  "Contracting attorney" means an attorney who has entered into a contract with a company to provide or obtain covered legal services for a legal service contract holder.
(4)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 161 (H.B. 2113), Sec. 5(1), and Ch. 967 (S.B. 2065), Sec. 8.005(1), eff. September 1, 2019.
(5)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 161 (H.B. 2113), Sec. 5(1), and Ch. 967 (S.B. 2065), Sec. 8.005(1), eff. September 1, 2019.
(6)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 161 (H.B. 2113), Sec. 5(1), and Ch. 967 (S.B. 2065), Sec. 8.005(1), eff. September 1, 2019.
(7)  "Legal service contract" means an agreement:
(A)  that is entered into for a separately stated consideration;  and
(B)  under which the company obtains legal services for a legal service contract holder through a contracting attorney.
(8)  "Legal service contract holder" means the person who purchases or otherwise holds a legal service contract or who is covered under a group legal service contract.
(9)  "Person" means an individual or a partnership, company, corporation, association, or other private group.
(10)  "Sales representative" means a person who sells or solicits legal service contracts to a person on behalf of a company.
Added by Acts 2003, 78th Leg., ch. 1181, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 161 (H.B. 2113), Sec. 1, eff. September 1, 2019.
Acts 2017, 85th Leg., R.S., Ch. 161 (H.B. 2113), Sec. 5(1), eff. September 1, 2019.
Acts 2017, 85th Leg., R.S., Ch. 967 (S.B. 2065), Sec. 8.001, eff. September 1, 2019.
Acts 2017, 85th Leg., R.S., Ch. 967 (S.B. 2065), Sec. 8.005(1), eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 5 - Regulation of Financial and Legal Services › Subtitle B - Legal Services › Chapter 953 - Regulation of For-Profit Legal Service Contract Companies › Subchapter A. General Provisions › Section 953.002. Exemptions

Sec. 953.002.  EXEMPTIONS.  This chapter does not apply to:
(1)  a nonprofit legal services corporation under Chapter 961, Insurance Code;
(2)  an automobile club supplying services under Chapter 722, Transportation Code;
(3)  a prepaid legal services program under Chapter 951;
(4)  a lawyer referral service under Chapter 952;
(5)  a retainer contract between an attorney and a client, and similar contracts made with a group of clients involved in the same or closely related legal matters;  or
(6)  a contingency fee contract between an attorney and a client.
Added by Acts 2003, 78th Leg., ch. 1181, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 5 - Regulation of Financial and Legal Services › Subtitle B - Legal Services › Chapter 953 - Regulation of For-Profit Legal Service Contract Companies › Subchapter A. General Provisions › Section 953.003. Exemptions From Certain Other Laws

Sec. 953.003.  EXEMPTIONS FROM CERTAIN OTHER LAWS.  The acts of marketing, selling, offering for sale, issuing, making, proposing to make, and administering a legal service contract that is regulated by this chapter are exempt from the Insurance Code and other laws of this state regulating the business of insurance.
Added by Acts 2003, 78th Leg., ch. 1181, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 5 - Regulation of Financial and Legal Services › Subtitle B - Legal Services › Chapter 953 - Regulation of For-Profit Legal Service Contract Companies › Subchapter D. Practice by Legal Service Contract Companies › Section 953.151. Company Requirements

Sec. 953.151.  COMPANY REQUIREMENTS.  (a)  A company may not sell, offer for sale, or issue a legal service contract in this state unless the company gives the legal service contract holder:
(1)  a receipt for, or other written evidence of, the purchase of the contract;  and
(2)  a copy of the legal service contract.
(b)  A company shall perform the services as stated in the legal service contract.
Added by Acts 2003, 78th Leg., ch. 1181, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 5 - Regulation of Financial and Legal Services › Subtitle B - Legal Services › Chapter 953 - Regulation of For-Profit Legal Service Contract Companies › Subchapter D. Practice by Legal Service Contract Companies › Section 953.152. Group Legal Service Contracts

Sec. 953.152.  GROUP LEGAL SERVICE CONTRACTS.  A company may issue group legal service contracts.  The company shall provide a legal service contract holder who obtains a group contract with a document that describes the company's services and complies with the requirements of this chapter.
Added by Acts 2003, 78th Leg., ch. 1181, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 5 - Regulation of Financial and Legal Services › Subtitle B - Legal Services › Chapter 953 - Regulation of For-Profit Legal Service Contract Companies › Subchapter D. Practice by Legal Service Contract Companies › Section 953.153. Contracting Attorney Requirements

Sec. 953.153.  CONTRACTING ATTORNEY REQUIREMENTS.  A contracting attorney must:
(1)  be licensed in the jurisdiction in which the legal services are performed;
(2)  be in good standing with the entity that licenses attorneys in that jurisdiction;  and
(3)  maintain professional liability and errors and omissions insurance with minimum annual limits of $100,000 for each occurrence and $300,000 in the aggregate.
Added by Acts 2003, 78th Leg., ch. 1181, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 5 - Regulation of Financial and Legal Services › Subtitle B - Legal Services › Chapter 953 - Regulation of For-Profit Legal Service Contract Companies › Subchapter D. Practice by Legal Service Contract Companies › Section 953.154. Company Interference With Attorney's Duties Prohibited

Sec. 953.154.  COMPANY INTERFERENCE WITH ATTORNEY'S DUTIES PROHIBITED.  A company may not interfere with the attorney-client relationship or with the contracting attorney's independent exercise of professional judgment.
Added by Acts 2003, 78th Leg., ch. 1181, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 5 - Regulation of Financial and Legal Services › Subtitle B - Legal Services › Chapter 953 - Regulation of For-Profit Legal Service Contract Companies › Subchapter D. Practice by Legal Service Contract Companies › Section 953.156. Form of Legal Service Contract and Required Disclosures

Sec. 953.156.  FORM OF LEGAL SERVICE CONTRACT AND REQUIRED DISCLOSURES.   A legal service contract marketed, sold, offered for sale, administered, or issued in this state must:
(1)  be written, printed, or typed in clear, understandable language that is easy to read;
(2)  include the name and full address of the company;
(3)  include the purchase price of the contract and the terms under which the contract is sold;
(4)  include the terms and restrictions governing cancellation of the contract by the company or the legal service contract holder;
(5)  identify:
(A)  any administrator, if the administrator is not the company;
(B)  the sales representative; and
(C)  the name of the legal service contract holder;
(6)  include the amount of any deductible or copayment;
(7)  specify the legal services and other benefits to be provided under the contract, and any limitation, exception, or exclusion;
(8)  specify the legal services, if any, for which the company will provide reimbursement and the amount of that reimbursement;
(9)  specify any restriction governing the transferability of the contract or the assignment of benefits;
(10)  include the duties of the legal service contract holder;
(11)   explain the method to be used in resolving the legal service contract holder's complaints and grievances;
(12)  explain how legal services may be obtained under the legal service contract;
(13)  include a provision stating that no change in the contract is valid until the change has been approved by an executive officer of the company and unless the approval is endorsed or attached to the contract;
(14)  include any eligibility and effective date requirements, including a definition of eligible dependents and the effective date of their coverage;
(15)  include the conditions under which coverage will terminate;
(16)  explain any subrogation arrangements;
(17)  contain a payment provision that provides for a grace period of at least 31 days; and
(18)  include conditions under which contract rates may be modified.
Added by Acts 2003, 78th Leg., ch. 1181, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 161 (H.B. 2113), Sec. 2, eff. September 1, 2019.
Acts 2017, 85th Leg., R.S., Ch. 967 (S.B. 2065), Sec. 8.002, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 5 - Regulation of Financial and Legal Services › Subtitle B - Legal Services › Chapter 953 - Regulation of For-Profit Legal Service Contract Companies › Subchapter D. Practice by Legal Service Contract Companies › Section 953.157. Terminating a Legal Service Contract

Sec. 953.157.  TERMINATING A LEGAL SERVICE CONTRACT.  A legal service contract holder may terminate the legal service contract if the legal service contract holder provides the company with written notice of the legal service contract holder's intention of terminating the contract not later than the seventh day after the date the legal service contract holder receives the contract.
Added by Acts 2003, 78th Leg., ch. 1181, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 5 - Regulation of Financial and Legal Services › Subtitle B - Legal Services › Chapter 953 - Regulation of For-Profit Legal Service Contract Companies › Subchapter D. Practice by Legal Service Contract Companies › Section 953.158. Voiding a Legal Service Contract

Sec. 953.158.  VOIDING A LEGAL SERVICE CONTRACT.  (a)  If a legal service contract holder terminates a legal service contract in accordance with Section 953.157 and the holder has not sought legal services under the contract before the contract is terminated, the contract is void.
(b)  A legal service contract holder may void the legal service contract at a later time as provided by the contract.
(c)  If a legal service contract is voided, the company shall refund to the legal service contract holder or credit to the account of the legal service contract holder the full purchase price of the contract.  If the company does not pay the refund or credit the legal service contract holder's account before the 46th day after the date the contract is voided, the company is liable to the legal service contract holder for a penalty each month an amount remains outstanding.  The monthly penalty may not exceed 10 percent of the amount outstanding.
(d)  The right to void a legal service contract is not transferable.
Added by Acts 2003, 78th Leg., ch. 1181, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 5 - Regulation of Financial and Legal Services › Subtitle B - Legal Services › Chapter 953 - Regulation of For-Profit Legal Service Contract Companies › Subchapter D. Practice by Legal Service Contract Companies › Section 953.159. Canceling a Legal Service Contract

Sec. 953.159.  CANCELING A LEGAL SERVICE CONTRACT.  (a)  A company may cancel a legal service contract by mailing a written notice of cancellation to the legal service contract holder at the legal service contract holder's last known address according to the records of the company.  The company must mail the notice before the fifth day preceding the effective date of the cancellation.  The notice must state the effective date of the cancellation and the reason for the cancellation.
(b)  The company is not required to provide prior notice of cancellation if the legal service contract is canceled because of:
(1)  nonpayment of the consideration for the contract;
(2)  a material misrepresentation by the legal service contract holder to the company;
(3)  a substantial breach of a duty by the legal service contract holder;  or
(4)  cancellation of the contract by the legal service contract holder.
Added by Acts 2003, 78th Leg., ch. 1181, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 5 - Regulation of Financial and Legal Services › Subtitle B - Legal Services › Chapter 953 - Regulation of For-Profit Legal Service Contract Companies › Subchapter D. Practice by Legal Service Contract Companies › Section 953.160. Limitations on Company Name

Sec. 953.160.  LIMITATIONS ON COMPANY NAME.  (a)  A company may not use a name that:
(1)  includes "insurance," "casualty," "surety," or "mutual" or any other word descriptive of the insurance, casualty, or surety business;  or
(2)  is deceptively similar to the name or description of an insurance or surety corporation or to the name of any other company.
(b)  This section does not apply to a company that, before September 1, 2003, included a word prohibited under this section in its name.  A company described by this subsection must include in each legal service contract a statement substantially similar to the following:  "This agreement is not an insurance contract."
Added by Acts 2003, 78th Leg., ch. 1181, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 5 - Regulation of Financial and Legal Services › Subtitle B - Legal Services › Chapter 953 - Regulation of For-Profit Legal Service Contract Companies › Subchapter D. Practice by Legal Service Contract Companies › Section 953.161. Misleading Statements Prohibited

Sec. 953.161.  MISLEADING STATEMENTS PROHIBITED.  A company, a sales representative, or a representative of a sales representative may not, in the company's contracts or marketing:
(1)  make, permit, or cause to be made any false or misleading statement;  or
(2)  deliberately omit a material statement if the omission would be considered misleading.
Added by Acts 2003, 78th Leg., ch. 1181, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 5 - Regulation of Financial and Legal Services › Subtitle B - Legal Services › Chapter 953 - Regulation of For-Profit Legal Service Contract Companies › Subchapter D. Practice by Legal Service Contract Companies › Section 953.162. Appointment and Responsibilities of Administrator

Sec. 953.162.  APPOINTMENT AND RESPONSIBILITIES OF ADMINISTRATOR.   A company may appoint an administrator or designate a person to be responsible for:
(1)  all or any part of the administration or sale of legal service contracts; and
(2)  compliance with this chapter.
Added by Acts 2003, 78th Leg., ch. 1181, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 161 (H.B. 2113), Sec. 3, eff. September 1, 2019.
Acts 2017, 85th Leg., R.S., Ch. 967 (S.B. 2065), Sec. 8.003, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 5 - Regulation of Financial and Legal Services › Subtitle B - Legal Services › Chapter 953 - Regulation of For-Profit Legal Service Contract Companies › Subchapter F. Enforcement › Section 953.251. Deceptive Trade Practice

Sec. 953.251.  DECEPTIVE TRADE PRACTICE.  A violation of this chapter is a deceptive trade practice actionable under Subchapter E, Chapter 17, Business & Commerce Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 161 (H.B. 2113), Sec. 4, eff. September 1, 2019.
Added by Acts 2017, 85th Leg., R.S., Ch. 967 (S.B. 2065), Sec. 8.004, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 5 - Regulation of Financial and Legal Services › Subtitle B - Legal Services › Chapter 954 - Land Services for Petroleum, Mineral, and Other Energy Sources › Section 954.001. Definitions

Sec. 954.001.  DEFINITIONS.  In this chapter:
(1)  "Land services":
(A)  means the performance or supervision of one or more of the following activities:
(i)  negotiating the acquisition or divestiture of mineral rights or rights associated with other energy sources;
(ii)  negotiating business agreements or easements to provide for the exploration for or development of minerals or other energy sources;
(iii)  ascertaining ownership in mineral rights or rights associated with other energy sources and related real property through the research of public and private records;
(iv)  reviewing the status of title, curing title defects, providing title due diligence, and otherwise reducing title risk associated with the ownership, acquisition, or divestiture of mineral rights, property associated with minerals, or rights associated with other energy sources, excluding:
(a)  administrative functions;
(b)  division order functions; and
(c)  lease analyst functions;
(v)  managing rights or obligations derived from ownership of interests in minerals or rights associated with other energy sources; or
(vi)  using or pooling mineral interests or rights associated with other energy sources; and
(B)  does not include determining, examining, or reviewing the status of title in connection with transactions that are primarily for:
(i)  the sale, purchase, or encumbrance of the surface of the land unassociated with mineral rights or other energy sources; or
(ii)  the mortgage of real property used or intended to be used primarily for residential purposes.
(2)  "Mineral" has the meaning assigned by Section 75.001, Property Code. The term includes oil, gas, related hydrocarbons, coal, lignite, uranium, and substances classified as base, industrial, precious, or strategic minerals.
(3)  "Other energy source" means a natural resource other than a mineral that is necessary to produce energy, including geothermal, hydroelectric, nuclear, solar, and wind energy.
Added by Acts 2003, 78th Leg., ch. 696, Sec. 1, eff. June 20, 2003.
Renumbered from Occupations Code, Section 953.001 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(75), eff. September 1, 2005.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 197 (S.B. 604), Sec. 1, eff. May 24, 2023.
2023 Texas Statutes › Occupations Code › Title 5 - Regulation of Financial and Legal Services › Subtitle B - Legal Services › Chapter 954 - Land Services for Petroleum, Mineral, and Other Energy Sources › Section 954.002. Exception to Practice of Law

Sec. 954.002.  EXCEPTION TO PRACTICE OF LAW.  For the purposes of the definition in Section 81.101, Government Code, the "practice of law" does not include engaging in land services if:
(1)  the acts are performed by a person who does not hold the person out as an attorney licensed to practice law in this state or in another jurisdiction; and
(2)  the person is not a licensed attorney.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 197 (S.B. 604), Sec. 1, eff. May 24, 2023.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1001 - Texas Board of Professional Engineers and Land Surveyors › Subchapter A. General Provisions › Section 1001.001. Short Title

Sec. 1001.001.  SHORT TITLE.  This chapter may be cited as The Texas Engineering Practice Act.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1001 - Texas Board of Professional Engineers and Land Surveyors › Subchapter A. General Provisions › Section 1001.002. Definitions

Sec. 1001.002.  DEFINITIONS.  In this chapter:
(1)  "Board" means the Texas Board of Professional Engineers and Land Surveyors.
(2)  "Engineer" means a person licensed to engage in the practice of engineering in this state.
(3)  "Land surveyor," "licensed state land surveyor," "professional surveying," "registered professional land surveyor," and "state land surveying" have the meanings assigned by Section 1071.002.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1232 (H.B. 1523), Sec. 1.02, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1001 - Texas Board of Professional Engineers and Land Surveyors › Subchapter A. General Provisions › Section 1001.004. Legislative Purpose and Intent; Liberal Construction of Chapter

Sec. 1001.004.  LEGISLATIVE PURPOSE AND INTENT;  LIBERAL CONSTRUCTION OF CHAPTER.  (a)  The legislature recognizes the vital impact that the rapid advance of knowledge of the mathematical, physical, and engineering sciences as applied in the practice of engineering has on the lives, property, economy, and security of state residents and the national defense.
(b)  The purpose of this chapter is to:
(1)  protect the public health, safety, and welfare;
(2)  enable the state and the public to identify persons authorized to practice engineering in this state;  and
(3)  fix responsibility for work done or services or acts performed in the practice of engineering.
(c)  The legislature intends that:
(1)  the privilege of practicing engineering be entrusted only to a person licensed and practicing under this chapter;
(2)  only a person licensed under this chapter may:
(A)  engage in the practice of engineering;
(B)  be represented in any way as any kind of "engineer";  or
(C)  make any professional use of the term "engineer";  and
(3)  this chapter be strictly complied with and enforced.
(d)  This chapter shall be liberally construed to carry out the intent of the legislature.
(e)  This chapter does not:
(1)  prevent a person from identifying the person in the name and trade of any engineers' labor organization with which the person is affiliated;
(2)  prohibit or otherwise restrict a person from giving testimony or preparing an exhibit or document for the sole purpose of being placed in evidence before an administrative or judicial tribunal, subject to the board's disciplinary powers under Subchapter J regarding negligence, incompetency, or misconduct in the practice of engineering; or
(3)   affect or prevent the practice of any other legally recognized profession by a member of the profession who is licensed by the state or under the state's authority.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1232 (H.B. 1523), Sec. 1.03, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1001 - Texas Board of Professional Engineers and Land Surveyors › Subchapter A. General Provisions › Section 1001.005. Application of Sunset Act

Sec. 1001.005.  APPLICATION OF SUNSET ACT.  The Texas Board of Professional Engineers and Land Surveyors is subject to Chapter 325, Government Code (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1232 (S.B. 652), Sec. 1.05, eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 402 (S.B. 204), Sec. 1, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1232 (H.B. 1523), Sec. 1.04, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 941 (S.B. 1659), Sec. 2.13, eff. June 18, 2023.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1001 - Texas Board of Professional Engineers and Land Surveyors › Subchapter B. Exemptions › Section 1001.051. Limitation on Exemption

Sec. 1001.051.  LIMITATION ON EXEMPTION.  An exemption under this subchapter applies only to a person who does not offer to the public to perform engineering services.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1001 - Texas Board of Professional Engineers and Land Surveyors › Subchapter B. Exemptions › Section 1001.052. Employee of License Holder

Sec. 1001.052.  EMPLOYEE OF LICENSE HOLDER.  A person who is an employee or subordinate of an engineer is exempt from the licensing requirements of this chapter if the person's practice does not include responsible charge of design or supervision.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.