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.