By: Duncan S.B. No. 764
99S0462/1
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the definition of the practice of law.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 81.101, Government Code, is amended by
1-4 amending Subsection (b) and adding Subsection (c) to read as
1-5 follows:
1-6 (b) The definition in Subsection (a) [this section] is not
1-7 exclusive and does not deprive the judicial branch of the power and
1-8 authority under both this chapter and the adjudicated cases to
1-9 determine whether other services and acts not enumerated may
1-10 constitute the practice of law.
1-11 (c) In this chapter and in Chapter 83, the practice of law
1-12 does not include the design, creation, publication, distribution,
1-13 or sale of written materials, books, printed forms, internet sites,
1-14 computer software, or similar media if such items clearly indicate
1-15 that they were not prepared by a person licensed to practice law in
1-16 this state.
1-17 SECTION 2. Subsection (b), Section 83.001, Government Code,
1-18 is amended to read as follows:
1-19 (b) This section does not apply to:
1-20 (1) an attorney licensed in this state;
1-21 (2) a licensed real estate broker or salesman
1-22 performing the acts of a real estate broker pursuant to The Real
1-23 Estate License Act (Article 6573a, Vernon's Texas Civil Statutes);
1-24 [or]
2-1 (3) a person performing acts relating to a transaction
2-2 for the lease, sale, or transfer of any mineral or mining interest
2-3 in real property; or
2-4 (4) an act described in Section 81.101(c).
2-5 SECTION 3. This Act takes effect September 1, 1999.
2-6 SECTION 4. The importance of this legislation and the
2-7 crowded condition of the calendars in both houses create an
2-8 emergency and an imperative public necessity that the
2-9 constitutional rule requiring bills to be read on three several
2-10 days in each house be suspended, and this rule is hereby suspended.