By Jones of Dallas H.B. No. 1420 77R10480 KLA-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the definition of the practice of law. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subchapter G, Chapter 81, Government Code, is 1-5 amended by adding Section 81.1011 to read as follows: 1-6 Sec. 81.1011. EXCEPTION FOR CERTAIN LEGAL ASSISTANCE. (a) 1-7 Notwithstanding Section 81.101(a), the "practice of law" does not 1-8 include technical advice, consultation, and document completion 1-9 assistance provided by an employee or volunteer of an area agency 1-10 on aging affiliated with the Texas Department on Aging who meets 1-11 the requirements of Subsection (b) if that advice, consultation, 1-12 and assistance relates to: 1-13 (1) a medical power of attorney or other advance 1-14 directive under Chapter 166, Health and Safety Code; or 1-15 (2) a designation of guardian before need arises under 1-16 Section 679, Texas Probate Code. 1-17 (b) An employee or volunteer described by Subsection (a) 1-18 must: 1-19 (1) provide benefits counseling through an area agency 1-20 on aging system of access and assistance to agency clients; 1-21 (2) comply with rules adopted by the Texas Department 1-22 on Aging regarding qualifications, training requirements, and other 1-23 requirements for providing benefits counseling services, including 1-24 legal assistance and legal awareness services; 2-1 (3) have received specific training in providing the 2-2 technical advice, consultation, and assistance described by 2-3 Subsection (a); and 2-4 (4) be certified by the Texas Department on Aging as 2-5 having met the requirements of this subsection. 2-6 (c) The Texas Department on Aging by rule shall develop 2-7 certification procedures by which the department certifies that an 2-8 employee or volunteer described by Subsection (a) has met the 2-9 requirements of Subsections (b)(1), (2), and (3). 2-10 SECTION 2. This Act takes effect September 1, 2001.