CHAPTER 82. LICENSING OF ATTORNEYS
GOVERNMENT CODE
TITLE 2. JUDICIAL BRANCH
SUBTITLE G. ATTORNEYS
CHAPTER 82. LICENSING OF ATTORNEYS
SUBCHAPTER A. BOARD OF LAW EXAMINERS
Sec. 82.001. BOARD OF LAW EXAMINERS. (a) The Board of Law
Examiners is composed of nine attorneys who have the
qualifications required of members of the supreme court.
(b) The supreme court shall appoint the members of the board for
staggered six-year terms, with the terms of one-third of the
members expiring August 31 of each odd-numbered year. A member is
subject to removal by the supreme court as provided by Section
82.0021.
(c) Appointments to the board shall be made without regard to
the race, color, disability, sex, religion, age, or national
origin of the appointees.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 576, Sec. 1, eff.
Sept. 1, 1991; Acts 1999, 76th Leg., ch. 116, Sec. 1, eff. May
18, 1999; Acts 2003, 78th Leg., ch. 212, Sec. 1, eff. Sept. 1,
2003.
Sec. 82.002. CONFLICT OF INTEREST. (a) In this section, "Texas
trade association" means a cooperative and voluntarily joined
statewide association of business or professional competitors in
this state designed to assist its members and its industry or
profession in dealing with mutual business or professional
problems and in promoting their common interest.
(b) A person may not be a member of the Board of Law Examiners
and may not be a board employee employed in a "bona fide
executive, administrative, or professional capacity," as that
phrase is used for purposes of establishing an exemption to the
overtime provisions of the federal Fair Labor Standards Act of
1938 (29 U.S.C. Section 201 et seq.), and its subsequent
amendments, if:
(1) the person is an officer, employee, or paid consultant of a
Texas trade association in the field of board interest; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of board
interest.
(c) A person may not be a member of the board or act as the
general counsel to the board if the person is required to
register as a lobbyist under Chapter 305 because of the person's
activities for compensation on behalf of a profession related to
the operation of the board.
(d) A member of the board who has a financial interest, other
than a remote financial interest, in a decision pending before
the board is disqualified from participating in the decision.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987. Amended by Acts 2003, 78th Leg., ch. 212, Sec. 2, eff.
Sept. 1, 2003.
Sec. 82.0021. REMOVAL OF BOARD MEMBERS. (a) It is a ground for
removal from the Board of Law Examiners that a member:
(1) does not have, at the time of taking office, the
qualifications required by Section 82.001;
(2) does not maintain during service on the board the
qualifications required by Section 82.001;
(3) is ineligible for membership under Section 82.002;
(4) cannot, because of illness or disability, discharge the
member's duties for a substantial part of the member's term;
(5) is absent from more than half of the regularly scheduled
board meetings that the member is eligible to attend during a
calendar year without an excuse approved by a majority vote of
the board;
(6) is incompetent; or
(7) is inattentive to the member's duties.
(b) The validity of an action of the board is not affected by
the fact that it is taken when a ground for removal of a board
member exists.
(c) If the executive director of the board has knowledge that a
potential ground for removal exists, the executive director shall
notify the presiding officer of the board of the potential
ground. The presiding officer shall then notify the supreme court
that a potential ground for removal exists. If the potential
ground for removal involves the presiding officer, the executive
director shall notify the next highest ranking officer of the
board, who shall then notify the supreme court that a potential
ground for removal exists.
Added by Acts 1991, 72nd Leg., ch. 576, Sec. 2, eff. Sept. 1,
1991. Amended by Acts 2003, 78th Leg., ch. 212, Sec. 3, eff.
Sept. 1, 2003.
Sec. 82.003. OPEN RECORDS AND OPEN MEETINGS. (a) Except as
provided by this section, the Board of Law Examiners is subject
to Chapter 552 and Chapter 551.
(b) Examination questions that may be used in the future and
examinations other than the one taken by the person requesting it
are exempt from disclosure.
(c) Board deliberations, hearings, and determinations relating
to moral character and fitness of an applicant shall be closed to
the public, and records relating to these subjects are
confidential. On the written request of an applicant, however,
the applicant is entitled to:
(1) have the applicant's character and fitness hearing open to
persons designated by the applicant; or
(2) have disclosed to the applicant records relating to the
applicant's own moral character and fitness unless the person who
supplied the information has requested that it not be disclosed.
(d) The board shall not inquire of a person who supplies
information relating to an applicant's moral character and
fitness whether the person objects to disclosure nor inform the
person of the right to object.
(e) Board deliberations, hearings, and determinations relating
to a request by an applicant who has a disability for testing
accommodations under Section 82.0272 on the bar examination shall
be closed to the public, and records relating to that subject are
confidential.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(83),
(94), eff. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 212, Sec. 4,
eff. Sept. 1, 2003.
Sec. 82.004. BOARD DUTIES. (a) The Board of Law Examiners,
acting under instructions of the supreme court as provided by
this chapter, shall determine the eligibility of candidates for
examination for a license to practice law in this state.
(b) The board shall examine each eligible candidate as to the
candidate's qualifications to practice law.
(c) The board may not recommend any person for a license to
practice law unless the person has shown to the board, in the
manner prescribed by the supreme court, that the person is of the
moral character and of the capacity and attainment proper for
that person to be licensed.
(d) On written request of an applicant who fails an examination
administered by the board, the board shall give the applicant an
oral or written analysis of the applicant's performance on the
examination. The applicant may record an oral analysis.
(e) In each city in which an examination is administered, the
board shall provide facilities that enable persons having
physical, mental, or developmental disabilities to take the
examination.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 576, Sec. 3, eff.
Sept. 1, 1991.
Sec. 82.005. BOARD COMPENSATION. (a) The supreme court shall
set the compensation of each member of the Board of Law
Examiners, excluding reasonable and necessary actual expenses, at
an amount that does not exceed $30,000 a year.
(b) Subchapter B, Chapter 659, does not apply to the
compensation set under this section.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(104),
eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch.
338, Sec. 1, eff. September 1, 2005.
Sec. 82.006. SUNSET PROVISION. The Board of Law Examiners is
subject to Chapter 325 (Texas Sunset Act). Unless continued in
existence as provided by that chapter, the board is abolished
September 1, 2015.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 576, Sec. 4, eff.
Sept. 1, 1991; Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec. 6.19,
eff. Nov. 12, 1991; Acts 2003, 78th Leg., ch. 212, Sec. 5, eff.
Sept. 1, 2003.
Sec. 82.007. CAREER LADDER; ANNUAL PERFORMANCE EVALUATIONS. (a)
The executive director of the Board of Law Examiners or the
executive director's designee shall develop an intraagency career
ladder program. The program shall require intraagency postings of
all nonentry level positions concurrently with any public
posting.
(b) The executive director or the executive director's designee
shall develop a system of annual performance evaluations. All
merit pay for board employees must be based on the system
established under this subsection.
Added by Acts 1991, 72nd Leg., ch. 576, Sec. 5, eff. Sept. 1,
1991. Amended by Acts 2003, 78th Leg., ch. 212, Sec. 6, eff.
Sept. 1, 2003.
Sec. 82.0071. EQUAL EMPLOYMENT OPPORTUNITY POLICY. (a) The
executive director of the Board of Law Examiners or the executive
director's designee shall prepare and maintain a written policy
statement that implements a program of equal employment
opportunity to ensure that all personnel decisions are made
without regard to race, color, disability, sex, religion, age, or
national origin.
(b) The policy statement must include:
(1) personnel policies, including policies relating to
recruitment, evaluation, selection, training, and promotion of
personnel, that show the intent of the board to avoid the
unlawful employment practices described by Chapter 21, Labor
Code; and
(2) an analysis of the extent to which the composition of the
board's personnel is in accordance with state and federal law and
a description of reasonable methods to achieve compliance with
state and federal law.
(c) The policy statement must be:
(1) updated annually;
(2) reviewed by the Commission on Human Rights for compliance
with Subsection (b)(1); and
(3) filed with the governor's office and the supreme court.
Added by Acts 2003, 78th Leg., ch. 212, Sec. 6, eff. Sept. 1,
2003.
Sec. 82.0072. STANDARDS OF CONDUCT. The executive director of
the Board of Law Examiners or the executive director's designee
shall provide to members of the board and to board employees, as
often as necessary, information regarding the requirements for
office or employment under this chapter, including information
regarding a person's responsibilities under applicable laws
relating to standards of conduct for state officers or employees.
Added by Acts 2003, 78th Leg., ch. 212, Sec. 6, eff. Sept. 1,
2003.
Sec. 82.0073. SEPARATION OF RESPONSIBILITIES. The Board of Law
Examiners shall develop and implement policies that clearly
separate the policymaking responsibilities of the board and the
management responsibilities of the executive director and the
staff of the board.
Added by Acts 2003, 78th Leg., ch. 212, Sec. 6, eff. Sept. 1,
2003.
Sec. 82.008. PUBLIC INFORMATION. (a) The Board of Law
Examiners shall prepare information of public interest describing
the functions of the board. The board shall make the information
available to the public and appropriate agencies.
(b) The board shall develop and implement policies that provide
the public with a reasonable opportunity to appear before the
board and to speak on any issue under the jurisdiction of the
board. However, the board may prohibit public testimony that
would reveal the examination questions described by Section
82.003(b) or would relate to the moral character or fitness of an
applicant for a license.
Added by Acts 1991, 72nd Leg., ch. 576, Sec. 5, eff. Sept. 1,
1991.
Sec. 82.009. PROGRAM ACCESSIBILITY. The Board of Law Examiners
shall prepare and maintain a written plan that describes how a
person who has a physical, mental, or developmental disability
can be provided reasonable access to the board's programs.
Added by Acts 1991, 72nd Leg., ch. 576, Sec. 5, eff. Sept. 1,
1991.
Sec. 82.010. TRAINING PROGRAM REQUIRED. (a) A person who is
appointed to and qualifies for office as a member of the Board of
Law Examiners may not vote, deliberate, or be counted as a member
in attendance at a meeting of the board until the person
completes a training program that complies with this section.
(b) The training program must provide the person with
information regarding:
(1) the legislation that created the board;
(2) the programs operated by the board;
(3) the role and functions of the board;
(4) the rules of the board, with an emphasis on the rules that
relate to disciplinary and investigatory authority;
(5) the current budget for the board;
(6) the results of the most recent formal audit of the board;
(7) the requirements of:
(A) the open meetings law, Chapter 551;
(B) the public information law, Chapter 552;
(C) the administrative procedure law, Chapter 2001; and
(D) other laws relating to public officials, including
conflict-of-interest laws; and
(8) any applicable ethics policies adopted by the board or the
Texas Ethics Commission.
Added by Acts 2003, 78th Leg., ch. 212, Sec. 7, eff. Sept. 1,
2003.
Sec. 82.011. WRITTEN COMPLAINTS. (a) The Board of Law
Examiners shall maintain a file on each written complaint filed
with the board. The file must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint was received by the board;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to the
complaint;
(5) a summary of the results of the review or investigation of
the complaint; and
(6) an explanation of the reason the file was closed, if the
board closed the file without taking action other than to
investigate the complaint.
(b) The board shall provide to the person filing the complaint
and to each person who is a subject of the complaint a copy of
the board's policies and procedures relating to complaint
investigation and resolution.
(c) The board, at least quarterly until final disposition of the
complaint, shall notify the person filing the complaint and each
person who is a subject of the complaint of the status of the
investigation unless the notice would jeopardize an undercover
investigation.
Added by Acts 2003, 78th Leg., ch. 212, Sec. 7, eff. Sept. 1,
2003.
Sec. 82.013. EFFECTIVE USE OF TECHNOLOGY. The Board of Law
Examiners shall develop and implement a policy requiring the
executive director and board employees to research and propose
appropriate technological solutions to improve the board's
ability to perform its functions. The technological solutions
must:
(1) ensure that the public is able to easily find information
about the board on the Internet;
(2) ensure that persons who want to use the board's services are
able to:
(A) interact with the board through the Internet; and
(B) access any service that can be provided effectively through
the Internet; and
(3) be cost-effective and developed through the board's planning
processes.
Added by Acts 2003, 78th Leg., ch. 212, Sec. 7, eff. Sept. 1,
2003.
SUBCHAPTER B. LICENSING OF ATTORNEYS
Sec. 82.021. SUPREME COURT AUTHORITY. Only the supreme court
may issue licenses to practice law in this state as provided by
this chapter. The power may not be delegated.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987.
Sec. 82.022. SUPREME COURT RULEMAKING. (a) The supreme court
may adopt rules on eligibility for examination for a license to
practice law and on the manner in which the examination is
conducted. The rules may include:
(1) provisions to ensure:
(A) good moral character of each candidate for a license;
(B) adequate prelegal study and attainment; and
(C) adequate study of the law for at least two years, covering
the course of study prescribed by the supreme court or the
equivalent of that course;
(2) the legal topics to be covered by the course of study and by
the examination;
(3) the times and places for holding the examination;
(4) the manner of conducting the examination;
(5) the grades necessary for licensing; and
(6) any other matter consistent with this chapter desirable to
make the issuance of a license to practice law evidence of good
character and fair capacity and attainment and proficiency in the
knowledge of law.
(b) The supreme court shall adopt rules necessary to administer
its functions and to govern the administration of the Board of
Law Examiners' functions relating to the licensing of lawyers.
(c) The supreme court may adopt rules relating to the nonrenewal
of the license of a lawyer who is in default on a loan guaranteed
under Chapter 57, Education Code, by the Texas Guaranteed Student
Loan Corporation.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987. Amended by Acts 1989, 71st Leg., ch. 985, Sec. 20, eff.
Sept. 1, 1989.
Sec. 82.023. DECLARATION OF INTENTION TO STUDY LAW. (a) Each
person intending to apply for admission to the bar must file with
the Board of Law Examiners, on a form provided by the board, a
declaration of intention to study law.
(b) The form for the declaration must clearly identify those
conditions of character and fitness set out in Section 82.027
that may be investigated by the board and that may result in the
denial of the declarant's application to take the examination.
(c) The board shall notify each first-year law student who files
the declaration on or before January 1 of the year in which the
student begins law school, not later than August 1 of the
following year, of the board's decision as to the student's
acceptable character and fitness. The board shall notify all
other declarants not later than the 270th day after the date the
declaration was filed whether or not it has determined that the
declarant has acceptable character and fitness.
(d) If the board determines that an applicant does not have
acceptable character and fitness, the notice of the decision must
be accompanied by an analysis of the character investigation that
specifies in detail the results of the investigation. The
analysis must include an objective list of actions the applicant
may take to become qualified for a license to practice law.
(e) If the board determines that an applicant may suffer from
chemical dependency, the board shall require the applicant to
meet with representatives of the Lawyers' Assistance Program of
the State Bar of Texas or a similar program of the state bar and
may require the applicant to submit to a treatment facility for
evaluation.
(f) If the board determines that an applicant suffers from
chemical dependency, the board shall assist the applicant in
working with the Lawyers' Assistance Program of the State Bar of
Texas or a similar program of the state bar.
(g) In this section:
(1) "Chemical dependency" has the meaning assigned by Section
82.038.
(2) "Treatment facility" has the meaning assigned by Section
462.001, Health and Safety Code.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 576, Sec. 6, eff.
Sept. 1, 1991.
Sec. 82.024. LAW STUDY REQUIREMENTS; ELIGIBILITY FOR
EXAMINATION. A person who has completed the prescribed study in
an approved law school has satisfied the law study requirements
for taking the examination for a license to practice law and is
eligible to take the bar examination. An approved law school is
one that is approved by the supreme court for the time period
designated by the court as maintaining the additional standards
to retain approval.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 576, Sec. 7, eff.
Sept. 1, 1991.
Sec. 82.0241. UNACCREDITED SCHOOLS OF LAW. All matters relating
to licensing of persons who were enrolled at unaccredited schools
of law in this state are within the exclusive jurisdiction of the
Supreme Court of the State of Texas.
Added by Acts 1991, 72nd Leg., ch. 485, Sec. 2, eff. June 1,
1993.
Sec. 82.027. APPLICATION FOR EXAMINATION. (a) Each applicant
to take a bar examination must file an application with the Board
of Law Examiners not later than the 180th day before the first
day of the examination for which the person is applying.
(b) The application consists of a verified affidavit stating
that since the filing of the applicant's original declaration of
intention to study law, the applicant:
(1) has not been formally charged with any violation of law,
excluding:
(A) cases that have been dismissed for reasons other than
technical defects in the charging instrument;
(B) cases in which the applicant has been found not guilty;
(C) minor traffic violations;
(D) cases in which the record of arrest or conviction was
expunged by court order;
(E) pardoned offenses; and
(F) Class C misdemeanors;
(2) is not mentally ill;
(3) has not been charged with fraud in any legal proceeding; and
(4) has not been involved in civil litigation or bankruptcy
proceedings that reasonably bear on the applicant's fitness to
practice law.
(c) On a showing of good cause or to prevent hardship, the board
may permit an applicant to file an application with the board not
later than the 60th day after the deadline prescribed by
Subsection (a) on payment of applicable late fees.
(d) The filing deadlines and late fees do not apply to an
applicant who failed the preceding bar examination. Any such
applicant may take the next examination administered on filing an
application with the board and paying the required examination
fees not later than the date established by supreme court rule.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987. Amended by Acts 2003, 78th Leg., ch. 212, Sec. 9, eff.
Sept. 1, 2003.
Sec. 82.0271. RESIDENCY OR CITIZENSHIP STATUS OF APPLICANT. A
person who has applied to take the bar examination may not be
denied admission to the bar examination based on the applicant's
lack of:
(1) permanent residency in the United States; or
(2) United States citizenship.
Added by Acts 1991, 72nd Leg., ch. 576, Sec. 8, eff. Sept. 1,
1991.
Sec. 82.0272. TESTING ACCOMMODATIONS FOR APPLICANTS WITH
DISABILITIES. An applicant who has a physical, mental, or
developmental disability may request that the Board of Law
Examiners provide testing accommodations on the bar examination.
An applicant whose request is denied may appeal the decision to a
committee appointed by, and composed of three or more members of,
the board.
Added by Acts 2003, 78th Leg., ch. 212, Sec. 10, eff. Sept. 1,
2003.
Sec. 82.028. MORAL CHARACTER AND FITNESS OF APPLICANT. (a) The
Board of Law Examiners may conduct an investigation of the moral
character and fitness of each applicant for a license.
(b) The board may contract with public or private entities for
investigative services relating to the moral character and
fitness of applicants.
(c) The board may not recommend denial of a license and the
supreme court may not deny a license to an applicant because of a
deficiency in the applicant's moral character or fitness unless:
(1) the board finds a clear and rational connection between a
character trait of the applicant and the likelihood that the
applicant would injure a client or obstruct the administration of
justice if the applicant were licensed to practice law; or
(2) the board finds a clear and rational connection between the
applicant's present mental or emotional condition and the
likelihood that the applicant will not discharge properly the
applicant's responsibilities to a client, a court, or the legal
profession if the applicant is licensed to practice law.
(d) The board shall limit its investigation under this section
to those areas clearly related to the applicant's moral character
and present fitness to practice law.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987.
Sec. 82.029. RELEASE OF BAR EXAMINATION RESULTS. (a) On
request of a law school that is conducting research on the
achievement of the law school's students or graduates on the
Texas bar examination, the Board of Law Examiners shall provide
the law school with information concerning the results of a bar
examination and the achievement of particular applicants on the
examination, including examination results disaggregated by
section or portion of the examination and any relevant statistics
related to the results of the examination.
(b) An applicant may request that the board not release the
applicant's identity to a law school that requests information
under Subsection (a). The board shall grant the applicant's
request if the applicant:
(1) sends the request to the board by certified mail or a
comparable mailing method that provides proof of delivery; and
(2) makes the request before the applicant takes the bar
examination.
(c) A law school that receives information from the board under
Subsection (a) is subject to any restriction on the release of
the information under federal or state law.
(d) Notwithstanding any other law, information that the board
provides to a law school under Subsection (a) is confidential and
may not be disclosed under any law related to open records or
public information.
Added by Acts 2003, 78th Leg., ch. 212, Sec. 10, eff. Sept. 1,
2003.
Sec. 82.030. BOARD ASSESSMENT OF MORAL CHARACTER AND FITNESS.
(a) The Board of Law Examiners shall assess each applicant's
moral character and fitness based on:
(1) the investigation of character and fitness performed after
the filing of the declaration of intention to study law; and
(2) the filing of the affidavit required by Section 82.027 and
the board's investigation into the accuracy and completeness of
the affidavit.
(b) If the board determines that the applicant does not have the
requisite good moral character and fitness, the board, not later
than the 150th day after the day on which the application is
filed, shall furnish the applicant an analysis of the character
investigation that specifies in detail the results of the
investigation. The analysis must include an objective list of
actions the applicant may take to become qualified for a license
to practice law.
(c) If the board determines that an applicant may suffer from
chemical dependency, the board shall require the applicant to
submit to a treatment facility for evaluation.
(d) If the board determines that an applicant suffers from
chemical dependency, the board shall assist the applicant in
working with the Lawyers' Assistance Program of the State Bar of
Texas or a similar program of the state bar.
(e) The board may not deny an applicant the opportunity to take
the bar examination solely because the applicant:
(1) suffers or appears to suffer from chemical dependency; or
(2) has been convicted of or is on community supervision for a
first offense of operating a motor vehicle while intoxicated
under Section 49.04, Penal Code, or intoxication assault
committed while operating a motor vehicle under Section 49.07,
Penal Code.
(f) In this section, "treatment facility" has the meaning
assigned by Section 462.001, Health and Safety Code.
(g) Subject to supreme court adoption by rule, the board shall
define "chemical dependency."
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 576, Sec. 9, eff.
Sept. 1, 1991; Acts 1995, 74th Leg., ch. 76, Sec. 14.33, eff.
Sept. 1, 1995; Acts 2003, 78th Leg., ch. 212, Sec. 11, eff. Sept.
1, 2003.
Sec. 82.033. FEES. (a) The supreme court shall set the fee for
the investigation of the moral character and fitness of each
candidate at an amount that does not exceed $150. The candidate
must pay the investigation fee to the Board of Law Examiners at
the time it is requested by the board.
(b) The supreme court shall set the fee for any examination
given by the board at an amount that does not exceed $150. The
candidate must pay the fee to the board at the time the candidate
applies for examination.
(c) The supreme court may set an application fee for foreign
attorneys at an amount that does not exceed $700.
(d) The supreme court may set reasonable fees for additional
services provided by the board, but the fee for any single
additional service may not exceed $150.
(e) The fees set by the supreme court must be sufficient to pay
all costs of the board, including staff salaries, compensation to
members of the board, and costs of investigation and
administering the examinations, so that state general revenue
funds are not necessary to operate the board.
(f) The board may adopt rules that provide for waiving or
lowering for indigent persons a fee required by this section.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987.
Sec. 82.034. USE OF FUNDS. Fees received by the Board of Law
Examiners shall be deposited in a fund established by the supreme
court. The fund may be used only to administer the functions of
the supreme court and the board relating to the licensing of
lawyers. The fund shall be used as directed by the supreme court
and under supreme court rules.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987.
Sec. 82.035. AUDIT; FINANCIAL REPORT. (a) The financial
transactions of the Board of Law Examiners are subject to audit
by the state auditor in accordance with Chapter 321.
(b) The board shall file annually with the supreme court, the
governor, and the presiding officer of each house of the
legislature a complete and detailed written report accounting for
all funds received or disbursed by the board during the preceding
fiscal year. The annual report must be in the form and reported
in the time provided by the General Appropriations Act.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987. Amended by Acts 1989, 71st Leg., ch. 584, Sec. 4, eff.
Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 576, Sec. 11, eff. Sept.
1, 1991.
Sec. 82.036. FOREIGN ATTORNEYS. The supreme court shall make
such rules and regulations as to admitting attorneys from other
jurisdictions to practice law in this state as it shall deem
proper and just. All such attorneys shall be required to furnish
satisfactory proof as to good moral character.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 576, Sec. 12, eff.
Sept. 1, 1991.
Sec. 82.0361. NONRESIDENT ATTORNEY FEE. (a) In this section,
"nonresident attorney" means a person who resides in and is
licensed to practice law in another state but who is not a member
of the State Bar of Texas.
(b) Except as provided by Subsection (e), a nonresident attorney
requesting permission to participate in proceedings in a court in
this state shall pay a fee of $250 for each case in which the
attorney is requesting to participate. The attorney shall pay the
fee to the Board of Law Examiners before filing with the
applicable court a motion requesting permission to participate in
proceedings in that court as provided by rules adopted by the
supreme court.
(c) Fees under this section shall be collected in the same
manner as other fees collected by the Board of Law Examiners. The
board shall remit the fees collected under this section to the
comptroller not later than the 10th day after the end of each
calendar quarter.
(d) The comptroller shall deposit the fees received under this
section to the credit of the basic civil legal services account
of the judicial fund for use in programs approved by the supreme
court that provide basic civil legal services to the indigent.
(e) The supreme court may adopt rules to waive or reduce the fee
required by this section for a nonresident attorney who seeks to
represent an indigent person in proceedings in a court in this
state.
(f) A nonresident attorney who files a motion requesting
permission to participate in proceedings in a court in this state
shall provide to that court proof of payment of the fee required
by this section. The supreme court by rule shall prescribe the
method of proof.
Added by Acts 2003, 78th Leg., ch. 221, Sec. 1, eff. Sept. 1,
2003.
Sec. 82.037. OATH OF ATTORNEY. (a) Each person admitted to
practice law shall, before receiving a license, take an oath that
the person will:
(1) support the constitutions of the United States and this
state;
(2) honestly demean himself in the practice of law; and
(3) discharge the attorney's duty to his client to the best of
the attorney's ability.
(b) The oath shall be endorsed on the license, subscribed by the
person taking the oath, and attested by the officer administering
the oath.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987.
Sec. 82.038. PROBATIONARY LICENSE FOR APPLICANT SUFFERING FROM
CHEMICAL DEPENDENCY. (a) If, after a moral character and
fitness assessment, the Board of Law Examiners determines that
the applicant suffers from chemical dependency, the board shall
notify the applicant of its determination and of the applicant's
rights under this section.
(b) To obtain judicial review of the board's determination that
the applicant suffers from chemical dependency, an applicant must
file a petition in the district court of Travis County before the
60th day after the date that the board delivers notice of its
determination. The petition must name the board as a defendant
and be served on the executive director of the board. Before the
date on which the applicant may obtain a default judgment against
the board, the board shall file with the district court a
certified record of the proceedings before the board.
(c) A party is not entitled to a jury in a judicial review of
the board's determination that an applicant suffers from chemical
dependency. The court may not substitute its judgment for that of
the board as to the weight of the evidence on questions submitted
to the board's discretion but shall affirm the board's decision
if the decision is reasonably supported by substantial evidence
in view of the reliable and probative evidence in the record as a
whole.
(d) The board may not deny a person who successfully takes the
bar examination a probationary license to practice law solely
because the person:
(1) suffers from chemical dependency; or
(2) has been convicted of or is on community supervision for a
first offense of operating a motor vehicle while intoxicated
under Section 49.04, Penal Code, or intoxication assault
committed while operating a motor vehicle under Section 49.07,
Penal Code.
(e) The board shall specify the conditions of a probationary
license to practice law, which must be designed to protect the
public from the potential harm the person might cause. Conditions
of a probationary license may include one or more of the
following:
(1) prohibiting the person from using alcohol or controlled
substances;
(2) treatment for chemical dependency;
(3) supervision of the person's work by a licensed attorney;
(4) submission to periodic drug testing;
(5) periodic reporting by the person to the board; or
(6) suspension, for a portion of the probationary period, of an
activity for which a license to practice law is required.
(f) A probationary license issued under this section expires on
the second anniversary of the date on which the license is
issued. A person who holds a probationary license may apply for a
renewal of the probationary license or for a regular license to
practice law. The board, after redetermination of the character
and fitness of a person who holds a probationary license, may
recommend to the supreme court that it grant the person a regular
license to practice law. The redetermination must include an
evaluation of the person by a treatment facility. The board may
not recommend to the supreme court that the person be granted a
regular license to practice law unless the board finds that the
person has successfully completed treatment and has been free
from chemical dependency for the preceding two years.
(g) The supreme court shall adopt rules under which the board
and the State Bar of Texas jointly develop and fund a program for
evaluation and referral to treatment for persons who have been
issued a probationary license under this section.
(h) A probationary license may be immediately revoked if the
person violates a condition of probation imposed by the board.
(i) On request, the board in coordination with the State Bar of
Texas shall inform a member of the public whether a particular
person holds a probationary license. Any information that forms
the basis for the issuance of the probationary license is
confidential.
(j) In this section:
(1) "Chemical dependency" has the meaning provided by supreme
court rule adopted under Section 82.030.
(2) "Controlled substance," "treatment facility," and
"treatment" have the meanings assigned by Section 462.001, Health
and Safety Code.
Added by Acts 1991, 72nd Leg., ch. 576, Sec. 13, eff. Sept. 1,
1991. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.34, eff.
Sept. 1, 1995; Acts 2003, 78th Leg., ch. 212, Sec. 12, eff. Sept.
1, 2003.
SUBCHAPTER C. ATTORNEY CONDUCT
Sec. 82.061. MISBEHAVIOR OR CONTEMPT. (a) An attorney at law
may be fined or imprisoned by any court for misbehavior or for
contempt of the court.
(b) An attorney may not be suspended or stricken from the rolls
for contempt unless the contempt involves fraudulent or
dishonorable conduct or malpractice.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987.
Sec. 82.062. DISBARMENT. Any attorney who is guilty of
barratry, any fraudulent or dishonorable conduct, or malpractice
may be suspended from practice, or the attorney's license may be
revoked, by a district court of the county in which the attorney
resides or in which the act complained of occurred. An attorney
may be suspended from practice or the attorney's license may be
revoked under this section regardless of the fact that the act
complained of may be an offense under the Penal Code and
regardless of whether the attorney is being prosecuted for or has
been convicted of the offense.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987.
Sec. 82.063. RETENTION OF CLIENT'S MONEY. (a) A person may
bring an action against the person's attorney if the attorney
receives or collects money for the person and refuses to pay the
money to the person on demand.
(b) To recover under this section the person must file a motion
with a district court in either the county in which the attorney
usually resides or the county in which the attorney resided when
the attorney collected or received the money.
(c) Notice of the motion and a copy of the motion shall be
served on the attorney not later than the fifth day before the
trial.
(d) If the motion is sustained, judgment shall be rendered
against the defendant for the amount collected or received and at
least 10 percent but not more than 20 percent damages on the
principal sum.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987.
Sec. 82.064. OFFICERS NOT TO APPEAR. (a) A judge or clerk of
the supreme court, the court of criminal appeals, a court of
appeals, or a district court, or a sheriff may not appear and
plead as an attorney at law in any court of record in this state.
(b) A county judge or county clerk who is licensed to practice
law may not appear and practice as an attorney at law in any
county or justice court except in cases over which the court in
which the judge or clerk serves has neither original nor
appellate jurisdiction.
(c) A county clerk who is licensed to practice law may not
appear and practice as an attorney at law in the supreme court,
the court of criminal appeals, a court of appeals, or a district
court unless the court in which the clerk serves has neither
original nor appellate jurisdiction.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 829, Sec. 1, eff.
Sept. 1, 1991.
Sec. 82.065. CONTINGENT FEE CONTRACT FOR LEGAL SERVICES. (a) A
contingent fee contract for legal services must be in writing and
signed by the attorney and client.
(b) A contingent fee contract for legal services is voidable by
the client if it is procured as a result of conduct violating the
laws of this state or the Disciplinary Rules of the State Bar of
Texas regarding barratry by attorneys or other persons.
Added by Acts 1989, 71st Leg., ch. 866, Sec. 3, eff. Sept. 1,
1989.
Sec. 82.066. ATTORNEY MAY NOT APPEAR. An attorney may not
appear before a judge or justice in a civil case if the attorney
is related to the judge or justice by affinity or consanguinity
within the first degree, as determined under Chapter 573.
Added by Acts 1989, 71st Leg., ch. 866, Sec. 4, eff. Sept. 1,
1989. Amended by Acts 1991, 72nd Leg., ch. 561, Sec. 24, eff.
Aug. 26, 1991; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(28), eff.
Sept. 1, 1995.