77R10480 KLA-D                           
         By Jones of Dallas                                    H.B. No. 1420
         Substitute the following for H.B. No. 1420:
         By Thompson                                       C.S.H.B. No. 1420
                                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.