cl H.B. 444 75(R)BILL ANALYSIS


JUDICIAL AFFAIRS
H.B. 444
By: Longoria
4-30-97
Committee Report (Unamended)



BACKGROUND 

 There are a significant number of people who successfully attend
professional schools and earn a professional degree.  They then are
required to take and pass licensing requirements.  Quite often a graduate
is unable to pass the required examination.  This leaves a person with a
very serious problem, many years of investment (time and money)  and no
license. 
 Some of those who do not take the licensing exams are unable to pass for
good reasons, e.g. military service, medical reasons.  Some are simply
unable to pass the examination due to the stress and some simply are
incapable of passing the exam.  It is also well known that many
examinations are not so much constructed to determine who may be licensed
as they are constructed to determine who may not be licensed. 
 It is the author's intent and hope that the legislature will, under
narrow circumstances as required in this bill, allow the licensing of a
person to practice law if the person graduates from an accredited Texas
law school and then works continuously in the law profession, specifically
in a law office. 


PURPOSE

 To provide a means for obtaining a license to practice law wherein a
person who has earned a law degree from an accredited Texas law school
works continuously in a law office for ten (10) years after that same
person has earned a law degree. 


RULEMAKING AUTHORITY

 New Government Code Sec. 82.026(a) in Section 1 of the bill authorizes
the Supreme Court to adopt exemptions, by general order, from the bar
examination for a law license under certain circumstances. 


SECTION BY SECTION ANALYSIS

 SECTION 1 adds a new Section 82.026 to the Government Code, "Examination
exemption for certain persons." 
 Subsec. (a) authorize the supreme court to adopt a general order to
exempt certain persons from the law license examination under certain
instances which are listed.   
 Subsec. (b) requires persons exempt from examination to present evidence
of moral character, as candidates for the bar exam are required to do. 

 SECTION 2.  Emergency clause.  Effective date.