By: Leedom S.B. No. 647
73R5187 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of legal technicians.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subtitle G, Title 2, Government Code, is amended
1-5 by adding Chapter 84 to read as follows:
1-6 CHAPTER 84. LEGAL TECHNICIANS
1-7 SUBCHAPTER A. GENERAL PROVISIONS
1-8 Sec. 84.001. DEFINITIONS. In this chapter:
1-9 (1) "Basic legal services" means services listed in
1-10 Section 84.053.
1-11 (2) "Board" means the Board of Examiners of Legal
1-12 Technicians.
1-13 (3) "Consumer protection division" means the consumer
1-14 protection division of the office of the attorney general.
1-15 (4) "Legal technician" means a person who holds a
1-16 license issued under Section 84.057.
1-17 Sec. 84.002. APPLICATION OF SUNSET ACT. The board is
1-18 subject to Chapter 325 (Texas Sunset Act). Unless continued in
1-19 existence as provided by that chapter, the board is abolished and
1-20 this chapter expires September 1, 2003.
1-21 (Sections 84.003-84.010 reserved for expansion
1-22 SUBCHAPTER B. BOARD OF EXAMINERS
1-23 OF LEGAL TECHNICIANS
1-24 Sec. 84.011. BOARD. (a) The board is composed of nine
2-1 members appointed by the governor with the advice and consent of
2-2 the senate.
2-3 (b) Appointments to the board shall be made without regard
2-4 to the race, color, disability, sex, religion, age, or national
2-5 origin of the appointee.
2-6 (c) A member of the board is not liable to civil action for
2-7 any act performed in good faith in the execution of duties as a
2-8 board member.
2-9 (d) The board is subject to the open meetings law, Chapter
2-10 271, Acts of the 60th Legislature, Regular Session, 1967 (Article
2-11 6252-17, Vernon's Texas Civil Statutes), and the Administrative
2-12 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
2-13 Civil Statutes).
2-14 Sec. 84.012. RESTRICTIONS ON APPOINTMENT, MEMBERSHIP, AND
2-15 EMPLOYMENT. (a) Three members of the board must be members of the
2-16 general public. A person is not eligible for appointment as a
2-17 public member of the board if the person or the person's spouse:
2-18 (1) is licensed by the department;
2-19 (2) is employed by or participates in the management
2-20 of a business entity or other organization regulated by the
2-21 department or receiving funds from the department;
2-22 (3) owns or controls, directly or indirectly, more
2-23 than a 10 percent interest in a business entity or other
2-24 organization regulated by the department or receiving funds from
2-25 the department; or
2-26 (4) uses or receives a substantial amount of tangible
2-27 goods, services, or funds from the department, other than
3-1 compensation authorized by law for board membership, attendance, or
3-2 expenses.
3-3 (b) Three members of the board must be licensed to practice
3-4 law in this state.
3-5 (c) Three members of the board must be legal technicians
3-6 who:
3-7 (1) are independently employed; and
3-8 (2) possess the equivalent of:
3-9 (A) two years of college and three years of
3-10 practice as a legal technician;
3-11 (B) three years of college and two years of
3-12 practice as a legal technician; or
3-13 (C) a bachelor's degree and one year of practice
3-14 as a legal technician.
3-15 (d) An officer, employee, or paid consultant of a Texas
3-16 trade association in the provision of legal services may not be:
3-17 (1) a board member; or
3-18 (2) an employee of the board who is exempt from the
3-19 state's position classification plan or is compensated at or above
3-20 the amount prescribed by the General Appropriations Act for step 1,
3-21 salary group 17, of the position salary schedule.
3-22 (e) A person who is the spouse of an officer, manager, or
3-23 paid consultant of a Texas trade association in the provision of
3-24 legal services may not be:
3-25 (1) a board member; or
3-26 (2) an employee who is exempt from the state's
3-27 position classification plan or is compensated at or above the
4-1 amount prescribed by the General Appropriations Act for step 1,
4-2 salary group 17, of the position salary schedule.
4-3 (f) A person may not serve as a member of the board or act
4-4 as general counsel to the board if the person is required to
4-5 register as a lobbyist under Chapter 305 because of the person's
4-6 activities for compensation on behalf of a profession related to
4-7 the operation of the board.
4-8 (g) For purposes of this section, a Texas trade association
4-9 is a nonprofit, cooperative, and voluntarily joined association of
4-10 business or professional competitors in this state designed to
4-11 assist its members and its industry or profession in dealing with
4-12 mutual business or professional problems and in promoting their
4-13 common interest.
4-14 Sec. 84.013. TERMS; VACANCY. (a) Members of the board hold
4-15 office for staggered terms of six years. Three members' terms
4-16 expire February 1 of each odd-numbered year.
4-17 (b) In the event of a vacancy during a term, the governor
4-18 shall appoint a replacement who meets the qualifications of the
4-19 vacated office to fill the unexpired portion of the term.
4-20 Sec. 84.014. OFFICERS. (a) The board shall elect one
4-21 member to serve as presiding officer and shall elect other officers
4-22 as the board finds necessary.
4-23 (b) An officer serves for one year.
4-24 (c) A member may not serve successive terms as an officer.
4-25 Sec. 84.015. REMOVAL OF BOARD MEMBERS. (a) It is a ground
4-26 for removal from the board if a member:
4-27 (1) does not have at the time of appointment the
5-1 qualifications required for appointment to the board;
5-2 (2) does not maintain during service on the board the
5-3 qualifications required for appointment to the board;
5-4 (3) violates a restriction established by Section
5-5 84.012;
5-6 (4) cannot discharge the member's duties for a
5-7 substantial part of the term for which the member is appointed
5-8 because of illness or disability; or
5-9 (5) is absent from more than half of the regularly
5-10 scheduled board meetings that the member is eligible to attend
5-11 during a calendar year unless the absence is excused by majority
5-12 vote of the board.
5-13 (b) The validity of an action of the board is not affected
5-14 by the fact that it is taken when a ground for removal of a board
5-15 member exists.
5-16 (c) If the presiding officer has knowledge that a potential
5-17 ground for removal exists, the presiding officer shall notify the
5-18 governor that a potential ground for removal exists.
5-19 Sec. 84.016. COMPENSATION. A board member may not receive
5-20 compensation for serving on the board. A member is entitled to
5-21 reimbursement for actual and necessary expenses incurred in
5-22 performing functions as a member of the board, subject to any
5-23 applicable limitation on reimbursement provided by the General
5-24 Appropriations Act.
5-25 Sec. 84.017. MEETINGS. The board shall meet at the call of
5-26 the presiding officer or as provided by board rule.
5-27 Sec. 84.018. GENERAL POWERS AND DUTIES OF BOARD. (a) The
6-1 board may adopt rules as necessary for its own procedures.
6-2 (b) The board may employ or contract with persons necessary
6-3 to carry out the board's duties under this chapter. The board may
6-4 enter into an interagency contract with the attorney general under
6-5 which employees of the consumer protection division perform duties
6-6 as assigned by the board.
6-7 (c) The board shall provide to its members and employees, as
6-8 often as necessary, information regarding their qualifications for
6-9 office or employment under this chapter and their responsibilities
6-10 under applicable laws relating to standards of conduct for state
6-11 officers or employees.
6-12 (d) The board shall develop and implement policies that
6-13 clearly define the respective responsibilities of the board and the
6-14 staff of the department.
6-15 (e) The board shall file annually with the governor and the
6-16 presiding officer of each house of the legislature a complete and
6-17 detailed written report accounting for all funds received and
6-18 disbursed by the board during the preceding fiscal year. The
6-19 annual report must be in the form and reported in the time provided
6-20 by the General Appropriations Act.
6-21 Sec. 84.019. EXECUTIVE DIRECTOR. (a) The board shall
6-22 employ an executive director who shall perform duties as assigned
6-23 by the board or specified by law.
6-24 (b) The executive director is responsible for the
6-25 administration and enforcement of all laws and rules implemented by
6-26 the board.
6-27 Sec. 84.020. PERSONNEL. (a) The executive director shall
7-1 hire the employees of the board.
7-2 (b) The executive director shall develop an intra-agency
7-3 career ladder program. The program shall require intra-agency
7-4 postings of all nonentry level positions concurrently with any
7-5 public posting.
7-6 (c) The executive director shall develop a system of annual
7-7 performance evaluations. All merit pay for board employees must be
7-8 based on the system established under this subsection.
7-9 (d) The executive director shall prepare and maintain a
7-10 written policy statement to assure implementation of a program of
7-11 equal employment opportunity under which all personnel transactions
7-12 are made without regard to race, color, disability, sex, religion,
7-13 age, or national origin. The policy statement must include:
7-14 (1) personnel policies, including policies related to
7-15 recruitment, evaluation, selection, appointment, training, and
7-16 promotion of personnel;
7-17 (2) a comprehensive analysis of the board work force
7-18 that meets federal and state guidelines;
7-19 (3) procedures by which a determination can be made of
7-20 significant underuse in the board work force of all persons for
7-21 whom federal or state guidelines encourage a more equitable
7-22 balance; and
7-23 (4) reasonable methods to appropriately address those
7-24 areas of significant underuse.
7-25 (e) A policy statement prepared under Subsection (d) must
7-26 cover an annual period, be updated at least annually, and be filed
7-27 with the governor's office.
8-1 (f) The governor's office shall deliver a biennial report to
8-2 the legislature based on the information received under Subsection
8-3 (e). The report may be made separately or as a part of other
8-4 biennial reports made to the legislature.
8-5 Sec. 84.021. PUBLIC INTEREST INFORMATION AND COMPLAINTS.
8-6 (a) The board shall prepare information of public interest
8-7 describing the functions of the board and the consumer protection
8-8 division and the procedures by which a complaint about a legal
8-9 technician is filed with and resolved by the consumer protection
8-10 division. The board shall make the information available to the
8-11 public and appropriate state agencies.
8-12 (b) The board by rule shall establish methods by which
8-13 consumers and service recipients are notified of the name, mailing
8-14 address, and telephone number of the consumer protection division
8-15 for the purpose of directing complaints to the division. The board
8-16 may provide for that notification:
8-17 (1) on each written contract for services of a legal
8-18 technician;
8-19 (2) on a sign prominently displayed in the place of
8-20 business of each legal technician; or
8-21 (3) in a bill for service provided by a legal
8-22 technician.
8-23 (c) The consumer protection division shall keep an
8-24 information file about each complaint under this chapter filed with
8-25 the division that the division has authority to resolve. If a
8-26 written complaint is filed with the division that the division has
8-27 authority to resolve, the division, not later than the fifth day
9-1 after receipt of a complaint and at least quarterly until final
9-2 disposition of the complaint, shall notify the parties to the
9-3 complaint of the status of the complaint unless notice would
9-4 jeopardize an undercover investigation. If a complaint is filed
9-5 with the division that the division does not have authority to
9-6 resolve, the division shall transfer the complaint to the board.
9-7 (d) The board shall develop and implement rules and policies
9-8 providing for the resolution of complaints, notification to
9-9 interested parties of pending complaints, and disciplinary action
9-10 resulting from a finding that a complaint is valid.
9-11 (e) The board shall develop and implement policies that
9-12 provide the public with a reasonable opportunity to appear before
9-13 the board and to speak on any issue under the jurisdiction of the
9-14 board.
9-15 (f) The board shall prepare and maintain a written plan that
9-16 describes how a person who does not speak English or who has a
9-17 physical, mental, or developmental disability may be provided
9-18 reasonable access to the board's programs.
9-19 Sec. 84.022. FEES; AUDIT. (a) The board shall set fees for
9-20 licenses, renewals, examinations, and all other administrative
9-21 expenses for programs regulated by the board.
9-22 (b) The board shall set the fees in amounts that are
9-23 reasonable and necessary to cover the costs of administering those
9-24 programs.
9-25 (c) The transactions of the board are subject to audit by
9-26 the state auditor in accordance with Chapter 321.
9-27 Sec. 84.023. ACCOUNT. The legal technicians examination
10-1 account is created in the general revenue fund to be used by the
10-2 board in the administration of this chapter. The board shall
10-3 deposit fees received under this chapter in the general revenue
10-4 fund of the state treasury to the credit of the legal technicians
10-5 examination account.
10-6 (Sections 84.024-84.050 reserved for expansion
10-7 SUBCHAPTER C. LEGAL TECHNICIANS
10-8 Sec. 84.051. LICENSE REQUIRED. (a) A person may not
10-9 perform basic legal services or represent himself as able to
10-10 perform basic legal services unless the person is licensed under
10-11 this chapter as a legal technician.
10-12 (b) A person who is not licensed under this chapter may not
10-13 use the title "legal technician," and may not use any other words,
10-14 letters, abbreviations, or insignia, either orally or in writing,
10-15 that imply that the person is a legal technician.
10-16 Sec. 84.052. EXEMPTIONS FROM LICENSE REQUIREMENT. This
10-17 chapter does not apply to a person who:
10-18 (1) is licensed to practice law in this state;
10-19 (2) provides basic legal services to a member of the
10-20 person's family or to a friend, if the person does not receive
10-21 consideration for the service;
10-22 (3) does not represent himself to the public as a
10-23 provider of basic legal services;
10-24 (4) is employed by a person licensed to practice law
10-25 in this state, if:
10-26 (A) the person's work is supervised or evaluated
10-27 by the attorney; and
11-1 (B) the person does not sign any person's name
11-2 to the person's work;
11-3 (5) is a law student permitted to practice law, in
11-4 accordance with rules adopted by the supreme court, under the
11-5 supervision of a person licensed to practice law in this state; or
11-6 (6) is an applicant for a legal technician license, is
11-7 eligible to take or retake the licensing examination, and is acting
11-8 in accordance with rules adopted by the board.
11-9 Sec. 84.053. BASIC LEGAL SERVICES. (a) A legal technician
11-10 may:
11-11 (1) provide to a consumer standardized legal
11-12 publications that are available to the public;
11-13 (2) inform a consumer about standardized legal
11-14 publications that are available to the public;
11-15 (3) modify or alter, at the consumer's direction and
11-16 in the exact form presented to the legal technician by the
11-17 consumer, a standardized legal publication that is available to the
11-18 public;
11-19 (4) assist a consumer in using legal reference
11-20 materials that are available for use by the general public;
11-21 (5) instruct a consumer on the proper manner to appear
11-22 pro se before a court in accordance with applicable court rules;
11-23 (6) instruct a consumer how to research the consumer's
11-24 legal problem, issue, or interest by using public law libraries;
11-25 (7) inform or instruct a consumer regarding the use of
11-26 informal dispute resolution as an alternative to litigation;
11-27 (8) accompany a consumer to informal mediation to
12-1 resolve the consumer's legal problem; or
12-2 (9) advise a consumer about a matter other than a
12-3 legal matter.
12-4 (b) A legal technician may not:
12-5 (1) represent a consumer before a court, agency,
12-6 tribunal, or commission without the express consent of the court,
12-7 agency, tribunal, or commission; or
12-8 (2) advise a consumer about a legal matter.
12-9 Sec. 84.054. ELIGIBILITY REQUIREMENTS; LICENSE APPLICATION.
12-10 (a) To be eligible for examination, a person must:
12-11 (1) be a resident of this state;
12-12 (2) be at least 21 years of age;
12-13 (3) complete two years of college or its equivalent;
12-14 (4) not have been convicted of a felony;
12-15 (5) not have been disbarred from the practice of law
12-16 in any jurisdiction;
12-17 (6) not be under suspension from the practice of law
12-18 in any jurisdiction; and
12-19 (7) not have had a license as a legal technician or a
12-20 similar license revoked in any jurisdiction.
12-21 (b) An applicant for a license under this chapter must:
12-22 (1) file a written application with the board on a
12-23 form prescribed by the board, together with the applicable fees;
12-24 (2) submit documentation from which the board may
12-25 assess the applicant's eligibility for licensing as provided by
12-26 Section 84.057; and
12-27 (3) submit three sworn references to the board showing
13-1 that the applicant is of good moral character.
13-2 (c) The application must show to the satisfaction of the
13-3 board that the applicant meets:
13-4 (1) the requirements prescribed under Subsection (a)
13-5 for eligibility for examination;
13-6 (2) the requirements for formal paralegal studies as
13-7 determined by the board necessary to assure the person is familiar
13-8 with materials and techniques used by legal technicians; and
13-9 (3) the requirements for qualifying experience in the
13-10 field as determined by the board necessary to assure the person is
13-11 familiar with materials and techniques used by a legal technician.
13-12 Sec. 84.055. EXAMINATION REQUIRED; EXAMINATION COMMITTEE;
13-13 DESIGN OF EXAMINATION. (a) Each applicant for a license under
13-14 this chapter must pass a written examination prescribed by the
13-15 board.
13-16 (b) The board shall contract with an examination committee
13-17 to design the examination and study materials. The committee must
13-18 consist of:
13-19 (1) an active member of the faculty of a state
13-20 institution who has experience teaching and planning the curriculum
13-21 for an associate's degree in legal assistance;
13-22 (2) a legal technician who:
13-23 (A) holds at least an associate's degree; and
13-24 (B) has practiced as a legal technician for at
13-25 least three years; and
13-26 (3) a legal technician who:
13-27 (A) does not hold a college degree; and
14-1 (B) has practiced as a legal technician for at
14-2 least five years.
14-3 (c) An examination must consist of 100 multiple choice
14-4 questions, 10 short essay questions involving background facts
14-5 provided as part of the examination, and an outline of a
14-6 law-related societal concern to be prepared by the examinee. The
14-7 study materials prepared by the examination committee must include
14-8 all technical information to enable an examinee to answer the
14-9 multiple choice questions, sample essay questions and answers, and
14-10 a chapter on the fundamentals of outlining.
14-11 (d) The examination commission may not adopt an existing,
14-12 privately administered examination. The examination may not be
14-13 timed. The examination may not be designed to screen out a
14-14 majority of examinees and must be designed so that an individual
14-15 who has completed two years of college or its equivalent can
14-16 successfully complete it. The board may award bonus points for
14-17 exceptional answers to the essay questions or the outlining
14-18 question. Bonus points may be used to compensate for deficiencies
14-19 in other licensing criteria as provided by Section 84.057.
14-20 (e) The examination committee annually shall evaluate the
14-21 examination and adjust examination content as necessary.
14-22 Sec. 84.056. ADMINISTRATION OF EXAM. (a) The board shall
14-23 determine the times and places for licensing examinations. The
14-24 examinations must be offered at least six times a year, unless the
14-25 board determines otherwise. The board shall give reasonable public
14-26 notice of the examinations in the manner provided by its rules.
14-27 (b) The examination must be graded by persons having
15-1 knowledge of the content of the examination. The examination shall
15-2 be graded manually, and computer-assisted grading formats may not
15-3 be used. An examinee may challenge the examinee's score in
15-4 writing. The board shall consider and promptly and fairly settle
15-5 each challenge to an examinee's score.
15-6 (c) An applicant who fails an examination may retake the
15-7 examination on payment of an additional examination fee. The board
15-8 by rule shall determine the time in which the applicant may or must
15-9 be reexamined.
15-10 Sec. 84.057. LICENSE ISSUANCE. (a) The board shall issue a
15-11 license as a legal technician to a person who meets the
15-12 requirements under Section 84.054, passes the licensing
15-13 examination, meets at least one licensing criterion under
15-14 Subsections (b)(1)-(8), and pays the required fees. Each license
15-15 shall contain a unique license number.
15-16 (b) The board by rule shall assign weights to the
15-17 examination under Section 84.055 and to the following additional
15-18 licensing criteria:
15-19 (1) relevant experience;
15-20 (2) general education;
15-21 (3) legal education;
15-22 (4) certification by other authorities;
15-23 (5) degrees;
15-24 (6) seminar participation;
15-25 (7) proof of independent study; or
15-26 (8) references.
15-27 (c) An applicant for a license may challenge the weight
16-1 given by the board to a criterion listed in Subsection (b).
16-2 (d) An initial license issued under this chapter is
16-3 probationary. On successful completion of the probationary period,
16-4 a legal technician is entitled to a regular license.
16-5 Sec. 84.058. DISPLAY OF LICENSE; CONSUMER COMPLAINT NOTICE.
16-6 A person licensed under this chapter must display in a conspicuous
16-7 place in the principal office or location in which the person
16-8 practices:
16-9 (1) the license and the renewal certificate; and
16-10 (2) a sign provided by the board that contains the
16-11 name, mailing address, and telephone number of the consumer
16-12 protection division and a statement informing consumers that a
16-13 complaint against a license holder may be directed to the division.
16-14 Sec. 84.059. TITLES. A legal technician licensed under this
16-15 chapter may use the title "legal technician."
16-16 Sec. 84.060. LICENSE RENEWAL. (a) A license issued under
16-17 this chapter expires on the second anniversary of the date of
16-18 issuance. A license holder may renew an unexpired license by
16-19 paying the renewal fee before the expiration date of the license.
16-20 The board shall issue a renewal certificate to the license holder
16-21 at the time of the renewal.
16-22 (b) If a person's license has been expired for less than one
16-23 year, the person may renew the license by paying the unpaid renewal
16-24 fees plus a late renewal fee in an amount determined by the board.
16-25 (c) If the person's license has been expired for one year or
16-26 more, the person may not renew the license. The person may obtain
16-27 a new license by submitting to reexamination and complying with the
17-1 requirements and procedures for obtaining an original license.
17-2 (d) The board shall notify each license holder in writing,
17-3 return receipt requested, of the pending license expiration not
17-4 later than the 30th day before the date on which the license
17-5 expires.
17-6 Sec. 84.061. CONTINUING EDUCATION; CODE OF ETHICS; ERRORS
17-7 AND OMISSION INSURANCE. (a) The board by rule shall prescribe
17-8 mandatory continuing education requirements.
17-9 (b) The board by rule shall adopt a code of ethics for legal
17-10 technicians.
17-11 (c) The board by rule shall adopt requirements for the
17-12 maintenance of an errors and omission liability insurance policy by
17-13 a license applicant or license holder.
17-14 Sec. 84.062. PROBATION, REVOCATION, OR SUSPENSION OF
17-15 LICENSE. (a) The board shall adopt rules stating the grounds on
17-16 which a license issued under this chapter may be revoked,
17-17 suspended, probated, or reinstated.
17-18 (b) The board shall revoke a legal technician license on
17-19 final conviction of the license holder of a criminal offense.
17-20 (c) The board may without a hearing summarily suspend for
17-21 not more than seven days a license to investigate a complaint that
17-22 a legal technician has provided a service prohibited by Section
17-23 84.053(b).
17-24 Sec. 84.063. BASIC LEGAL SERVICES CONTRACT. (a) A legal
17-25 technician may not accept consideration for basic legal services
17-26 except under a written contract that contains:
17-27 (1) a specific description of the services to be
18-1 rendered;
18-2 (2) a statement of the maximum cost to the consumer
18-3 for the services to be rendered;
18-4 (3) a statement that the legal technician is not a
18-5 licensed attorney;
18-6 (4) a statement that the consumer has the right to
18-7 hire a licensed attorney to perform basic legal services;
18-8 (5) a statement that alternative dispute resolution
18-9 procedures may provide a solution to an adversarial problem in less
18-10 time and with less expense than litigation;
18-11 (6) a statement that the legal technician may not:
18-12 (A) represent a consumer before a court, agency,
18-13 tribunal, or commission without the express consent of the court,
18-14 agency, tribunal, or commission; or
18-15 (B) advise a consumer about a legal matter; and
18-16 (7) a place for the consumer's signature, which must
18-17 include:
18-18 (A) the consumer's acknowledgment that the
18-19 consumer understands that the consumer may challenge the legal
18-20 technician's work before accepting it; and
18-21 (B) an authorization for the legal technician to
18-22 proceed.
18-23 (b) After rendering basic legal services to a consumer, a
18-24 legal technician shall obtain the consumer's signature on a
18-25 document that contains:
18-26 (1) an acknowledgment of the consumer's satisfaction
18-27 with and acceptance of the work;
19-1 (2) a statement that the consumer has no further claim
19-2 against the legal technician; and
19-3 (3) a statement that the consumer did not receive any
19-4 legal advice from the legal technician.
19-5 Sec. 84.064. INJUNCTION OF UNAUTHORIZED PRACTICE. The
19-6 attorney general or the district attorney, criminal district
19-7 attorney, or county attorney performing the duties of district
19-8 attorney in the county of the defendant's residence may file an
19-9 action to enjoin a violation of this chapter.
19-10 Sec. 84.065. UNAUTHORIZED PRACTICE OF LAW. (a) In this
19-11 chapter, "practice of law" means the preparation of a pleading or
19-12 other document incident to an action or special proceeding or the
19-13 management of the action or proceeding on behalf of a client before
19-14 a judge in court as well as a service rendered out of court,
19-15 including the giving of advice or the rendering of any service
19-16 requiring the use of legal skill or knowledge, such as preparing a
19-17 will, contract, or other instrument, the legal effect of which
19-18 under the facts and conclusions involved must be carefully
19-19 determined. The term does not include basic legal services
19-20 provided by a legal technician licensed under Chapter 84.
19-21 (b) Section 83.001(b), Government Code, does not apply to a
19-22 legal technician licensed under Chapter 84.
19-23 SECTION 2. Section 81.101(a), Government Code, is amended to
19-24 read as follows:
19-25 (a) In this chapter the "practice of law" means the
19-26 preparation of a pleading or other document incident to an action
19-27 or special proceeding or the management of the action or proceeding
20-1 on behalf of a client before a judge in court as well as a service
20-2 rendered out of court, including the giving of advice or the
20-3 rendering of any service requiring the use of legal skill or
20-4 knowledge, such as preparing a will, contract, or other instrument,
20-5 the legal effect of which under the facts and conclusions involved
20-6 must be carefully determined. The term does not include basic
20-7 legal services provided by a legal technician licensed under
20-8 Chapter 84.
20-9 SECTION 3. Section 83.001(b), Government Code, is amended to
20-10 read as follows:
20-11 (b) This section does not apply to:
20-12 (1) an attorney licensed in this state;
20-13 (2) a licensed real estate broker or salesman
20-14 performing the acts of a real estate broker pursuant to The Real
20-15 Estate License Act (Article 6573a, Vernon's Texas Civil Statutes);
20-16 <or>
20-17 (3) a person performing acts relating to a transaction
20-18 for the lease, sale, or transfer of any mineral or mining interest
20-19 in real property; or
20-20 (4) a legal technician licensed under Chapter 84.
20-21 SECTION 4. (a) In making the initial appointments to the
20-22 Board of Examiners of Legal Technicians under Section 84.011,
20-23 Government Code, as added by this Act, the governor shall designate
20-24 one public member, one attorney member, and one legal technician
20-25 member for terms expiring in 1995, one public member, one attorney
20-26 member, and one legal technician member for terms expiring in 1997,
20-27 and one public member, one attorney member, and one legal
21-1 technician member for terms expiring in 1999.
21-2 (b) A person appointed before September 1, 1995, to the
21-3 board as a legal technician member is not required to be licensed
21-4 as a legal technician under Section 84.057, Government Code, as
21-5 added by this Act, but must:
21-6 (1) be eligible for a license;
21-7 (2) meet the educational requirements of Section
21-8 84.012(c), Government Code, as added by this Act; and
21-9 (3) have the required amount of experience under
21-10 Section 84.012(c), Government Code, as added by this Act, as a
21-11 legal secretary, legal assistant, or paralegal.
21-12 (c) Before September 1, 1995, a person serving on a legal
21-13 technician examination committee under Section 84.055, Government
21-14 Code, as added by this Act, as a legal technician member is not
21-15 required to be licensed as a legal technician under Section 84.057,
21-16 Government Code, as added by this Act, but must have the required
21-17 amount of experience as a legal secretary, legal assistant, or
21-18 paralegal.
21-19 (d) During the period ending on September 1, 1995, a person
21-20 who is a high school graduate or holds a high school equivalency
21-21 diploma and who meets the qualifications prescribed by this
21-22 subsection is entitled, on passage of the licensing examination
21-23 required under Section 84.055, Government Code, as added by this
21-24 Act, to a legal technician license. The qualifications are:
21-25 (1) three years of qualifying experience;
21-26 (2) two years of qualifying experience and formal
21-27 paralegal training with a certificate indicating completion of a
22-1 paralegal course of study; or
22-2 (3) two years of qualifying experience and completion
22-3 of a six-month internship under a licensed legal technician.
22-4 SECTION 5. (a) This Act takes effect September 1, 1993.
22-5 (b) The Board of Examiners of Legal Technicians is created
22-6 on the effective date of this Act.
22-7 SECTION 6. The importance of this legislation and the
22-8 crowded condition of the calendars in both houses create an
22-9 emergency and an imperative public necessity that the
22-10 constitutional rule requiring bills to be read on three several
22-11 days in each house be suspended, and this rule is hereby suspended.