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.