reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle F - Court Administration › Chapter 79 - Texas Indigent Defense Commission › Subchapter C. General Powers and Duties of Commission › Section 79.032. Acceptance of Gifts, Grants, and Other Funds; State Grants Team

Sec. 79.032.  ACCEPTANCE OF GIFTS, GRANTS, AND OTHER FUNDS; STATE GRANTS TEAM.  (a)  The commission may accept gifts, grants, and other funds from any public or private source to pay expenses incurred in performing its duties under this chapter.
(b)  The State Grants Team of the Governor's Office of Budget, Planning, and Policy may assist the commission in identifying grants and other resources available for use by the commission in performing its duties under this chapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 984 (H.B. 1754), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle F - Court Administration › Chapter 79 - Texas Indigent Defense Commission › Subchapter C. General Powers and Duties of Commission › Section 79.033. Administrative Attachment; Support; Budget

Sec. 79.033.  ADMINISTRATIVE ATTACHMENT; SUPPORT; BUDGET.  (a)  The commission is administratively attached to the Office of Court Administration of the Texas Judicial System.
(b)  The office of court administration shall provide administrative support services, including human resources, budgetary, accounting, purchasing, payroll, information technology, and legal support services, to the commission as necessary to carry out the purposes of this chapter.
(c)  The commission, in accordance with the rules and procedures of the Legislative Budget Board, shall prepare, approve, and submit a legislative appropriations request that is separate from the legislative appropriations request for the Office of Court Administration of the Texas Judicial System and is used to develop the commission's budget structure.  The commission shall maintain the legislative appropriations request and budget structure separately from those of the office of court administration.
Added by Acts 2011, 82nd Leg., R.S., Ch. 984 (H.B. 1754), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle F - Court Administration › Chapter 79 - Texas Indigent Defense Commission › Subchapter C. General Powers and Duties of Commission › Section 79.035. County Reporting Plan; Commission Reports

Sec. 79.035.  COUNTY REPORTING PLAN; COMMISSION REPORTS.  (a)  The commission shall develop a plan that establishes statewide requirements for counties relating to reporting indigent defense information and family protection services information.  The plan must include provisions designed to reduce redundant reporting by counties and provisions that take into consideration the costs to counties of implementing the plan statewide.  The commission shall use the information reported by a county to monitor the effectiveness of the county's indigent defense and family protection services policies, standards, and procedures and to ensure compliance by the county with the requirements of state law relating to indigent defense and family protection services.  The commission may revise the plan as necessary to improve monitoring of indigent defense and family protection services policies, standards, and procedures in this state.
(b)  The commission shall annually submit to the governor, lieutenant governor, speaker of the house of representatives, and council and shall publish in written and electronic form a report:
(1)  containing any information submitted to the commission by a county under Section 79.036; and
(2)  regarding:
(A)  the quality of legal representation provided by counsel appointed to represent indigent individuals;
(B)  current indigent defense practices and family protection services practices in the state as compared to state and national standards;
(C)  efforts made by the commission to improve indigent defense practices and family protection services practices in the state;
(D)  recommendations made by the commission for improving indigent defense practices and family protection services practices in the state; and
(E)  the findings of a report submitted to the commission under Section 79.039.
(c)  The commission shall annually submit to the Legislative Budget Board and council and shall publish in written and electronic form a detailed report of all expenditures made under this subchapter, including distributions under Section 79.037.
(d)  The commission may issue other reports relating to indigent defense and family protection services as determined to be appropriate by the commission.
Added by Acts 2011, 82nd Leg., R.S., Ch. 984 (H.B. 1754), Sec. 1, eff. September 1, 2011.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 965 (S.B. 2120), Sec. 4, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle F - Court Administration › Chapter 79 - Texas Indigent Defense Commission › Subchapter C. General Powers and Duties of Commission › Section 79.0365. Family Protection Services Information

Sec. 79.0365.  FAMILY PROTECTION SERVICES INFORMATION.  (a)  Not later than November 1 of each odd-numbered year and in the form and manner prescribed by the commission, each county shall prepare and provide to the commission:
(1)  a copy of all formal and informal rules and forms governing the procedures the county uses to provide indigent parents and children with counsel in accordance with Title 5, Family Code;
(2)  any fee schedule the court uses for family protection services representation; and
(3)  information on the court's compliance with Chapter 37, including the lists and rotation system required under that chapter.
(b)  Not later than November 1 of each year and in the form and manner prescribed by the commission, each county shall prepare and provide to the commission for the preceding state fiscal year:
(1)  information on the number of appointments made to each attorney accepting appointments in the county for proceedings filed by the department under Title 5, Family Code; and
(2)  information provided to the county by those attorneys under Section 107.0042, Family Code, if the attorneys do not report the information directly to the commission.
(c)  The local administrative district judge in each county, or the person designated by the judge, shall perform the action required by Subsection (a) with respect to all rules and forms adopted by the judges of the county.
(d)  In each county, the county auditor, or the person designated by the commissioners court if the county does not have a county auditor, shall prepare and send to the commission in the form and manner prescribed by the commission and on a monthly, quarterly, or annual basis, with respect to legal services provided in the county to indigent parents and children during each state fiscal year, information showing the total amount expended by the county to provide family protection services and an analysis of the amount expended by the county:
(1)  in each district, county, statutory county, and appellate court;
(2)  in cases for which a private attorney is appointed for an indigent parent or child; and
(3)  for investigation expenses, expert witness expenses, or other litigation expenses.
(e)  As a duty of office, each district and county clerk shall cooperate with the county auditor or the person designated by the commissioners court and the commissioners court in retrieving information required to be sent to the commission under this section.
Added by Acts 2023, 88th Leg., R.S., Ch. 965 (S.B. 2120), Sec. 5, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle F - Court Administration › Chapter 79 - Texas Indigent Defense Commission › Subchapter C. General Powers and Duties of Commission › Section 79.039. Exoneration Report

Sec. 79.039.  EXONERATION REPORT.  (a) Each legal clinic or program in this state that is operated by a law school and that receives  financial support from the commission shall submit to the commission an annual report regarding criminal cases:
(1)  in which the clinic or program has provided legal services to an indigent defendant during the preceding calendar year; and
(2)  in which:
(A)  based on a finding of actual innocence, the court of criminal appeals overturns a conviction; or
(B)  the governor issues a pardon based on actual innocence.
(b)  The report required under Subsection (a) must:
(1)  identify each likely cause of a wrongful conviction listed in the report; and
(2)  recommend to the judiciary and the legislature best practices, policies, and statutory changes to address or mitigate those likely causes with respect to future criminal cases.
Added by Acts 2011, 82nd Leg., R.S., Ch. 984 (H.B. 1754), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle F - Court Administration › Chapter 79 - Texas Indigent Defense Commission › Subchapter C. General Powers and Duties of Commission › Section 79.040. Indigent Defense Information System

Sec. 79.040.  INDIGENT DEFENSE INFORMATION SYSTEM.  (a)  By entering into an interlocal contract with one or more counties under Chapter 791, the commission may participate and assist counties in the creation, implementation, operation, and maintenance of a computerized system to be used to assist those counties in the provision and administration of indigent defense services and to be used to collect data from those counties regarding representation of indigent defendants in this state.
(b)  The commission may use appropriated funds to pay costs incurred under an interlocal contract described by Subsection (a), including license fees, implementation costs, maintenance and operations costs, administrative costs, and any other costs specified in the interlocal contract.
(c)  The commission may provide training services to counties on the use and operation of a system created, implemented, operated, or maintained by one or more counties under Subsection (a).
(d)  Subchapter L, Chapter 2054, does not apply to an indigent defense information system created under this section.
Added by Acts 2015, 84th Leg., R.S., Ch. 56 (S.B. 1353), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle F - Court Administration › Chapter 79 - Texas Indigent Defense Commission › Subchapter C. General Powers and Duties of Commission › Section 79.041. Family Protection Services Information System

Sec. 79.041.  FAMILY PROTECTION SERVICES INFORMATION SYSTEM.  (a)  By entering into an interlocal contract with one or more counties under Chapter 791, the commission may participate and assist counties in the creation, implementation, operation, and maintenance of a computerized system to be used to assist those counties in the provision and administration of family protection services and to be used to collect data from those counties regarding representation of indigent individuals in this state.
(b)  The commission may use appropriated funds to pay costs incurred under an interlocal contract described by Subsection (a), including license fees, implementation costs, maintenance and operations costs, administrative costs, and any other costs specified in the interlocal contract.
(c)  The commission may provide training services to counties on the use and operation of a system created, implemented, operated, or maintained by one or more counties under Subsection (a).
(d)  Subchapter L, Chapter 2054, does not apply to an indigent defense information system created under this section.
Added by Acts 2023, 88th Leg., R.S., Ch. 965 (S.B. 2120), Sec. 7, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle F - Court Administration › Chapter 79 - Texas Indigent Defense Commission › Subchapter C. General Powers and Duties of Commission › Section 79.042. Succession Plan for Certain Public Defenders' Offices

Sec. 79.042.  SUCCESSION PLAN FOR CERTAIN PUBLIC DEFENDERS' OFFICES.  (a)  In this section, "governmental entity" has the meaning assigned by Article 26.044, Code of Criminal Procedure.
(b)  As a condition of a grant awarded by the commission to a regional public defender's office that primarily handles capital cases, the commission may establish for the public defender's office a succession plan to take effect only if the commissioners court of the county in which the central administrative office of the public defender's office is located ceases for any reason to be a party to the agreement creating or designating the public defender's office.
(c)  A succession plan established under Subsection (b) may:
(1)  authorize the commission to designate a governmental entity to administer the regional public defender's office;
(2)  require the governmental entity designated under Subdivision (1) to establish an oversight board for the regional public defender's office under Article 26.045, Code of Criminal Procedure; and
(3)  require the regional public defender's office to comply with any rules adopted by the commission for the administration of the public defender's office.
Added by Acts 2017, 85th Leg., R.S., Ch. 738 (S.B. 1214), Sec. 1, eff. June 12, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle F - Court Administration › Chapter 80 - Delivery of Notice, Orders, and Documents › Section 80.001. Delivery of Notice or Document

Sec. 80.001.  DELIVERY OF NOTICE OR DOCUMENT.  A court, justice, judge, magistrate, or clerk may send any notice or document by a method authorized by Section 80.002(a).
Added by Acts 2015, 84th Leg., R.S., Ch. 257 (S.B. 1116), Sec. 1, eff. September 1, 2015.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 18.002, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle F - Court Administration › Chapter 80 - Delivery of Notice, Orders, and Documents › Section 80.002. Delivery of Notice, Order, or Document

Sec. 80.002.  DELIVERY OF NOTICE, ORDER, OR DOCUMENT. (a) A court, justice, judge, magistrate, or clerk may send any notice or document using mail or electronic mail.  This subsection applies to all civil and criminal statutes requiring delivery of a notice or document.
(b)  In addition to any other delivery method required or authorized by law or supreme court rule, a statutory county court, district court, or appellate court shall deliver through the electronic filing system established under Section 72.031 to all parties in each case in which the use of the electronic filing system is required or authorized all court orders the court enters for the case.
Added by Acts 2015, 84th Leg., R.S., Ch. 257 (S.B. 1116), Sec. 1, eff. September 1, 2015.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 18.003, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle F - Court Administration › Chapter 80 - Delivery of Notice, Orders, and Documents › Section 80.003. Electronic Mail Address

Sec. 80.003.  ELECTRONIC MAIL ADDRESS.  (a)  If electronic mail is used to send a notice or document and the person who will receive the notice or document is registered with the electronic filing system established under Section 72.031, as added by Chapter 1290 (H.B. 2302), Acts of the 83rd Legislature, Regular Session, 2013, the court, justice, judge, magistrate, or clerk sending the notice or document must use the electronic mail address on file with the electronic filing system, if the court uses the electronic filing system.
(b)  If electronic mail is used to send a notice or document and the person who will receive the notice or document is not registered with the electronic filing system established under Section 72.031, as added by Chapter 1290 (H.B. 2302), Acts of the 83rd Legislature, Regular Session, 2013, or the court does not use the electronic filing system, the court, justice, judge, magistrate, or clerk must use the electronic mail address provided by the person.
Added by Acts 2015, 84th Leg., R.S., Ch. 257 (S.B. 1116), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle F - Court Administration › Chapter 80 - Delivery of Notice, Orders, and Documents › Section 80.004. Mail

Sec. 80.004.  MAIL.  (a)  The definition of mail in this chapter includes:
(1)  first-class mail;
(2)  first-class United States mail;
(3)  ordinary or regular mail; and
(4)  international first-class mail.
(b)  The definition of mail in this chapter does not include:
(1)  any form of mail that requires proof of delivery;
(2)  certified mail;
(3)  certified mail or a comparable mailing method that provides proof of delivery;
(4)  certified mail, restricted delivery;
(5)  certified mail, return receipt requested;
(6)  delivery by the United States Postal Service using a signature confirmation service;
(7)  documents delivered by common or contract carriers, including Federal Express or United Parcel Service;
(8)  express mail offered by the United States Postal Service;
(9)  first-class mail, return receipt requested;
(10)  freight mail;
(11)  interagency mail;
(12)  international registered mail, return receipt requested;
(13)  mail, return receipt requested;
(14)  personal service or hand delivery;
(15)  prepaid registered mail;
(16)  registered mail;
(17)  registered mail, return receipt requested; and
(18)  certified or registered mail, restricted delivery, return receipt requested.
Added by Acts 2015, 84th Leg., R.S., Ch. 257 (S.B. 1116), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle F - Court Administration › Chapter 80 - Delivery of Notice, Orders, and Documents › Section 80.005. Electronic Mail

Sec. 80.005.  ELECTRONIC MAIL.  (a)  Authorized methods of delivering a notice or document by electronic mail include:
(1)  electronic notice sent through the electronic filing system under Section 72.031, as added by Chapter 1290 (H.B. 2302), Acts of the 83rd Legislature, Regular Session, 2013;
(2)  electronic notice;
(3)  electronic mail messages;
(4)  e-mail; and
(5)  secure electronic mail.
(b)  Authorized methods of delivering a notice or document by electronic mail do not include:
(1)  facsimiles;
(2)  instant messaging;
(3)  messages on a social network website, including Facebook and Twitter;
(4)  telegraphs;
(5)  telephone messages;
(6)  text messages;
(7)  videoconferencing;
(8)  voice messages; or
(9)  webcams.
Added by Acts 2015, 84th Leg., R.S., Ch. 257 (S.B. 1116), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter A. General Provisions › Section 81.001. Short Title

Sec. 81.001.  SHORT TITLE.  This chapter may be cited as the State Bar Act.
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 A. General Provisions › Section 81.002. Definitions

Sec. 81.002.  DEFINITIONS.  In this chapter:
(1)  "State bar" means the State Bar of Texas.
(2)  "Executive director" means the executive director of the state bar.
(3)  "General counsel" means the general counsel of the state bar.
(4)  "Board of directors" means the board of directors of the state bar.
(5)  "Commission" means the Commission for Lawyer Discipline described by Section 81.076 and as provided in the Texas Rules of Disciplinary Procedure adopted by the Supreme Court of Texas.
(6)  "Chief disciplinary counsel" means the attorney selected under Section 81.076 who performs disciplinary functions for the state bar under the Texas Disciplinary Rules of Professional Conduct and the Texas Rules of Disciplinary Procedure.
(7)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 1130 (S.B. 416), Sec. 2, eff. June 15, 2017.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 795, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1130 (S.B. 416), Sec. 2, eff. June 15, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter A. General Provisions › Section 81.003. Sunset Provision

Sec. 81.003.  SUNSET PROVISION.  The state bar is subject to Chapter 325 (Texas Sunset Act).  Unless continued in existence as provided by that chapter, this chapter expires 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. 795, Sec. 2, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec. 6.11, eff. Nov. 12, 1991;  Acts 2003, 78th Leg., ch. 227, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1232 (S.B. 652), Sec. 3.04, eff. June 17, 2011.
Acts 2017, 85th Leg., R.S., Ch. 531 (S.B. 302), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter B. Administrative Provisions › Section 81.011. General Powers

Sec. 81.011.  GENERAL POWERS.  (a)  The state bar is a public corporation and an administrative agency of the judicial department of government.
(b)  This chapter is in aid of the judicial department's powers under the constitution to regulate the practice of law, and not to the exclusion of those powers.
(c)  The Supreme Court of Texas, on behalf of the judicial department, shall exercise administrative control over the state bar under this chapter.
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 B. Administrative Provisions › Section 81.012. Purposes

Sec. 81.012.  PURPOSES.  In order that the public responsibilities of the legal profession may be more effectively discharged, the state bar has the following purposes:
(1)  to aid the courts in carrying on and improving the administration of justice;
(2)  to advance the quality of legal services to the public and to foster the role of the legal profession in serving the public;
(3)  to foster and maintain on the part of those engaged in the practice of law high ideals and integrity, learning, competence in public service, and high standards of conduct;
(4)  to provide proper professional services to the members of the state bar;
(5)  to encourage the formation of and activities of local bar associations;
(6)  to provide forums for the discussion of subjects pertaining to the practice of law, the science of jurisprudence and law reform, and the relationship of the state bar to the public;  and
(7)  to publish information relating to the subjects listed in Subdivision (6).
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 795, Sec. 3, eff. Sept. 1, 1991.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter B. Administrative Provisions › Section 81.013. Seal

Sec. 81.013.  SEAL.  The state bar has an official seal, which may not be used for private 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 B. Administrative Provisions › Section 81.014. Suits

Sec. 81.014.  SUITS.  The state bar may sue and be sued in its own name.
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 B. Administrative Provisions › Section 81.015. Contracts

Sec. 81.015.  CONTRACTS.  To carry out and promote the objectives of this chapter, the state bar may enter into contracts and do all other acts incidental to those contracts that are necessary or expedient for the administration of its affairs and for the attainment of 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 B. Administrative Provisions › Section 81.0151. Purchasing

Sec. 81.0151.  PURCHASING.  The board of directors shall adopt guidelines and procedures for purchasing that are consistent with the guidelines and procedures in Chapters 2155-2158.  Purchases are subject to the ultimate review of the supreme court.  The state bar shall maintain reports on state bar purchases and shall make those reports available for review by the state auditor.
Added by Acts 1991, 72nd Leg., ch. 795, Sec. 4, eff. Sept. 1, 1991.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.19, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter B. Administrative Provisions › Section 81.016. Property

Sec. 81.016.  PROPERTY.  (a)  The state bar may acquire by gift, bequest, devise, or other manner any interest in real or personal property.
(b)  The state bar may acquire, hold, lease, encumber, and dispose of real and personal property in the exercise of its powers and the performance of its duties under this chapter.
(c)  The property of the state bar is held by the state bar for the purposes set out in Section 81.012. If the state bar ceases to exist as a legal entity for any reason, all property of the state bar shall be held in trust by the supreme court for the attorneys of this state.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 795, Sec. 5, eff. Sept. 1, 1991.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter B. Administrative Provisions › Section 81.017. Indebtedness, Liability, or Obligation

Sec. 81.017.  INDEBTEDNESS, LIABILITY, OR OBLIGATION.  (a)  An indebtedness, liability, or obligation of the state bar does not:
(1)  create a debt or other liability of the state or of any entity other than the state bar or any successor public corporation;  or
(2)  create any personal liability on the part of the members of the state bar or the members of the board of directors or any authorized person issuing, executing, or delivering any evidence of the indebtedness, liability, or obligation.
(b)  The state bar may not create an indebtedness, liability, or obligation that cannot be paid from the receipts for the current year unless approved by referendum of all members of the state bar as provided by Section 81.024.
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 B. Administrative Provisions › Section 81.018. Contractual Obligations

Sec. 81.018.  CONTRACTUAL OBLIGATIONS.  Any bond, note, debenture, evidence of indebtedness, mortgage, deed of trust, assignment, pledge, contract, lease, agreement, or other contractual obligation owed to or by the state bar on June 11, 1979, remains in force and effect according to the terms of the obligation.
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 B. Administrative Provisions › Section 81.019. Officers of State Bar

Sec. 81.019.  OFFICERS OF STATE BAR.  (a)  The officers of the state bar are the president, president-elect, and immediate past president.
(b)  Except as provided by Subsection (c), the officers shall be elected in accordance with rules for the election of officers and directors prepared and proposed by the supreme court as provided by Section 81.024.
(c)  The election rules must permit any member's name to be printed on the ballot as a candidate for president-elect if a written petition requesting that action and signed by at least five percent of the membership of the state bar is filed with the executive director at least 30 days before the election ballots are to be distributed to the membership.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 795, Sec. 6, eff. Sept. 1, 1991;  Acts 2003, 78th Leg., ch. 227, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter B. Administrative Provisions › Section 81.020. Board of Directors

Sec. 81.020.  BOARD OF DIRECTORS.  (a)  The governing body of the state bar is the board of directors.
(b)  The board is composed of:
(1)  the officers of the state bar;
(2)  the president, president-elect, and immediate past president of the Texas Young Lawyers Association;
(3)  not more than 30 members of the state bar elected by the membership from their district as determined by the board;
(4)  six persons appointed by the supreme court and confirmed by the senate who are not attorneys and who do not have, other than as consumers, a financial interest in the practice of law; and
(5)  four at-large directors appointed by the president as provided by Subsections (d) and (e).
(c)  Elected members serve three-year terms.  Nonattorney members serve staggered terms of the same length as terms of elected board members.  The supreme court shall annually appoint two nonattorney members, with at least one of the two from a list of at least five names submitted by the governor.  Appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.  A person who has served more than half of a full term is not eligible for reappointment to the board.
(d)  The president of the state bar appoints the at-large directors, subject to confirmation by the board of directors.  In making appointments under this subsection, the president shall appoint directors who demonstrate knowledge gained from experience in the legal profession and community necessary to ensure the board represents the interests of attorneys from the varied backgrounds that compose the membership of the state bar.
(e)  At-large directors serve three-year terms.  To be eligible for appointment as an at-large director, at the time of appointment a person may not be serving as:
(1)  an elected director; or
(2)  an at-large director.
(f)  The board of directors shall develop and implement policies that clearly separate the responsibilities of the board and the management responsibilities of the executive director and the staff of the state bar.
(g)  The board of directors shall prepare and maintain a written plan that describes how a person who does not speak English or who has a physical, mental, or developmental disability can be provided reasonable access to the state bar's programs.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 795, Sec. 7, eff. Sept. 1, 1991;  Acts 2003, 78th Leg., ch. 227, Sec. 3, 22, eff. Sept. 1, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1130 (S.B. 416), Sec. 1, eff. June 15, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter B. Administrative Provisions › Section 81.0201. Training Program for Board Members

Sec. 81.0201.  TRAINING PROGRAM FOR BOARD MEMBERS.  (a)  A person who is elected or appointed to and qualifies for office as a member of the board of directors 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 state bar operations;
(2)  the programs operated by the state bar;
(3)  the role and functions of the state bar;
(4)  the rules of the state bar, with an emphasis on the rules that relate to disciplinary and investigatory authority;
(4-a)  the scope of and limitations on the rulemaking authority of the state bar;
(5)  the current budget for the state bar;
(6)  the results of the most recent formal audit of the state bar;
(7)  the requirements of:
(A)  laws relating to open meetings, public information, administrative procedure, and the disclosure of conflicts of interest; and
(B)  other laws applicable to members of a state policymaking body in performing their duties; and
(8)  any applicable ethics policies adopted by the state bar or the Texas Ethics Commission.
(c)  The executive director 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 of directors.  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. 227, Sec. 4, eff. Sept. 1, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 531 (S.B. 302), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter B. Administrative Provisions › Section 81.021. Open Meetings; Public Participation

Sec. 81.021.  OPEN MEETINGS;  PUBLIC PARTICIPATION.  (a)  Meetings of the board of directors of the state bar are subject to Chapter 551.
(b)  The board of directors 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.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 795, Sec. 8, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(83), eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter B. Administrative Provisions › Section 81.0215. Strategic Plan

Sec. 81.0215.  STRATEGIC PLAN.  (a)  The state bar shall develop a comprehensive, long-range strategic plan for its operations.  Each even-numbered year, the state bar shall issue a plan covering five fiscal years beginning with the next odd-numbered fiscal year.
(b)  The strategic plan must include measurable goals and a system of performance measures that:
(1)  relates directly to the identified goals;  and
(2)  focuses on the results and outcomes of state bar operations and services.
(c)  Each year, the state bar shall report the performance measures included in the strategic plan under this section to the supreme court and the editor of the Texas Bar Journal for publication.
Added by Acts 2003, 78th Leg., ch. 227, Sec. 4, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter B. Administrative Provisions › Section 81.0221. Alcoholic Beverages

Sec. 81.0221.  ALCOHOLIC BEVERAGES.  None of the funds of the state bar collected from mandatory dues may be used for the purchase of alcoholic beverages.
Added by Acts 1991, 72nd Leg., ch. 795, Sec. 10, eff. Sept. 1, 1991.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter B. Administrative Provisions › Section 81.023. Audit; Financial Report

Sec. 81.023.  AUDIT;  FINANCIAL REPORT.  (a)  The financial transactions of the state bar are subject to audit by the state auditor in accordance with Chapter 321, Government Code.  The state bar shall pay the expense of the audit.  The auditor's report shall be published in the Bar Journal.
(b)  The state bar shall file annually with the supreme court, the governor, and the presiding officer of each house of the legislature a copy of the annual financial report prepared by the state bar under Section 2101.011.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 584, Sec. 3, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., ch. 795, Sec. 9, eff. Sept. 1, 1991.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 22, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter B. Administrative Provisions › Section 81.024. Rules

Sec. 81.024.  RULES.  (a)  The supreme court shall promulgate the rules governing the state bar.
(b)  The supreme court may:
(1)  as it considers necessary, pursuant to a resolution of the board of directors of the state bar, or pursuant to a petition signed by at least 10 percent of the registered members of the state bar, prepare, propose, and adopt rules or amendments to rules for the operation, maintenance, and administration of the state bar; and
(2)  in accordance with Subchapter E-1, adopt rules, including the Texas Disciplinary Rules of Professional Conduct and the Texas Rules of Disciplinary Procedure, for the discipline of state bar members.
(c)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 531 (S.B. 302), Sec. 14, eff. September 1, 2017.
(d)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 531 (S.B. 302), Sec. 14, eff. September 1, 2017.
(e)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 531 (S.B. 302), Sec. 14, eff. September 1, 2017.
(f)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 531 (S.B. 302), Sec. 14, eff. September 1, 2017.
(g)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 531 (S.B. 302), Sec. 14, eff. September 1, 2017.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1, 1987.  Amended by Acts 2003, 78th Leg., ch. 227, Sec. 6, eff. Sept. 1, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 531 (S.B. 302), Sec. 4, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 531 (S.B. 302), Sec. 14, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter B. Administrative Provisions › Section 81.0241. Electronic Transmission of Election Materials

Sec. 81.0241.  ELECTRONIC TRANSMISSION OF ELECTION MATERIALS.  (a)  The state bar may, with the approval of the supreme court, distribute by electronic transmission ballots and related materials and receive by electronic transmission completed ballots in an election under this chapter.
(b)  Before approving the distribution or receipt of ballots and related materials by electronic transmission under this section, the supreme court must be satisfied that the state bar has implemented procedures that ensure each member of the state bar will have secure access to election ballots and information.
Added by Acts 2003, 78th Leg., ch. 227, Sec. 7, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter B. Administrative Provisions › Section 81.0242. Participation in Elections

Sec. 81.0242.  PARTICIPATION IN ELECTIONS.  The state bar, in the manner provided by the supreme court, shall:
(1)  promote and monitor participation of members of the state bar in elections under this chapter;  and
(2)  report statistics regarding that participation to the supreme court and the editor of the Texas Bar Journal for publication.
Added by Acts 2003, 78th Leg., ch. 227, Sec. 7, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter B. Administrative Provisions › Section 81.025. Bar Districts

Sec. 81.025.  BAR DISTRICTS.  (a)  The board of directors shall from time to time reapportion the state into bar districts for electing directors from those districts or to perform any other duty imposed on the state bar by this chapter or the rules of the state bar.
(b)  In determining the districts, the board must consider the purposes of the state bar as set out in Section 81.012.
(c)  Any reapportionment is subject to the supreme court's approval.
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 B. Administrative Provisions › Section 81.026. Committees and Sections

Sec. 81.026.  COMMITTEES AND SECTIONS.  (a)  The board may create committees, subject to the executive committee's approval under Subchapter I, and sections as it considers advisable and necessary to carry out the purposes of this chapter.
(b)  This chapter does not prohibit the appointment of nonattorneys to a committee of the state bar.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1, 1987.  Amended by Acts 2003, 78th Leg., ch. 227, Sec. 8, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter B. Administrative Provisions › Section 81.027. Removal of Director

Sec. 81.027.  REMOVAL OF DIRECTOR.  (a)  The board of directors may remove a director from the board at any regular meeting by resolution declaring the director's position vacant.  It is a ground for removal from the board that a director:
(1)  does not have at the time of taking office the applicable qualifications for office, if any;
(2)  does not maintain during service on the board the applicable qualifications for office, if any;
(3)  is ineligible for membership under Section 81.028 or 81.031;
(4)  cannot, because of illness or disability, discharge the director's duties for a substantial part of the director's term;  or
(5)  is absent from more than half of the regularly scheduled board meetings that the director is eligible to attend during a calendar year without an excuse approved by a majority vote of the board.
(b)  The validity of an action of the board of directors is not affected by the fact that it is taken when a ground for removal of a director exists.
(c)  If the executive director has knowledge that a potential ground for removal of a director exists, the executive director shall notify the president of the state bar and the director of the ground.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 795, Sec. 11, eff. Sept. 1, 1991;  Acts 2003, 78th Leg., ch. 227, Sec. 9, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter B. Administrative Provisions › Section 81.028. Relationship With Trade Association

Sec. 81.028.  RELATIONSHIP WITH TRADE ASSOCIATION.  (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 directors and may not be a state bar 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.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1, 1987.  Amended by Acts 2003, 78th Leg., ch. 227, Sec. 10, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter B. Administrative Provisions › Section 81.029. Executive Director

Sec. 81.029.  EXECUTIVE DIRECTOR.  (a)  The board of directors, by a majority vote, elects the executive director.  The executive director serves at the pleasure of the board.
(b)  The executive director shall execute the policies and directives of the board in all state bar activities except the activities for which the general counsel is given responsibility either by this chapter or by the board.
(c)  The executive director shall perform the duties usually required of a corporate secretary and other duties as assigned by the board.
(d)  The executive director shall act as the treasurer of the state bar and shall receive from the clerk of the supreme court state bar funds as provided by this chapter.  The funds are subject to audit as provided by Section 81.023.
(e)  The executive director shall maintain the membership files and shall confer with the clerk of the supreme court as to the maintenance of those files.
(f)  Repealed by Acts 2003, 78th Leg., ch. 285, Sec. 31(8).
(g)  The executive director has no vote on matters before the board of directors.
(h)  The executive director or the executive director's designee shall develop an intra-agency career ladder program.  The program shall require intra-agency postings of all nonentry level positions concurrently with any public posting.
(i)  The executive director or the executive director's designee shall develop a system of annual performance evaluations.  All merit pay for state bar employees must be based on the system established under this subsection.
(j)  The executive director 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.  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 state bar 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 state bar's personnel is in accordance with state and federal law and a description of reasonable methods to achieve compliance with state and federal law.
(k)  The policy statement must:
(1)  be updated annually;
(2)  be reviewed by the state Commission on Human Rights for compliance with Subsection (j)(1); and
(3)  be filed with the supreme court and the governor's office.
(l)  Repealed by Acts 2003, 78th Leg., ch. 227, Sec. 22.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 795, Sec. 12, eff. Sept. 1, 1991;  Acts 2003, 78th Leg., ch. 227, Sec. 11, 22, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 285, Sec. 31(8), eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter B. Administrative Provisions › Section 81.030. General Counsel

Sec. 81.030.  GENERAL COUNSEL.  (a)  The board of directors, by a majority vote, elects the general counsel of the state bar.  The general counsel holds office at the pleasure of the board.
(b)  The general counsel must be a member of the state bar.
(c)  The general counsel shall perform the duties usually expected of and performed by a general counsel.
(d)  The general counsel shall perform those duties delegated by the board of directors.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 795, Sec. 13, eff. Sept. 1, 1991.