1-1     By:  Jones of Dallas (Senate Sponsor - Armbrister)    H.B. No. 1420
 1-2           (In the Senate - Received from the House April 25, 2001;
 1-3     April 26, 2001, read first time and referred to Committee on
 1-4     Jurisprudence; May 10, 2001, reported favorably by the following
 1-5     vote:  Yeas 4, Nays 0; May 10, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the definition of the practice of law.
 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10           SECTION 1. Subchapter G, Chapter 81, Government Code, is
1-11     amended by adding Section 81.1011 to read as follows:
1-12           Sec. 81.1011.  EXCEPTION FOR CERTAIN LEGAL ASSISTANCE. (a)
1-13     Notwithstanding Section 81.101(a), the "practice of law" does not
1-14     include technical advice, consultation, and document completion
1-15     assistance provided by an employee or volunteer of an area agency
1-16     on aging affiliated with the Texas Department on Aging who meets
1-17     the requirements of Subsection (b) if that advice, consultation,
1-18     and assistance relates to:
1-19                 (1)  a medical power of attorney or other advance
1-20     directive under Chapter 166, Health and Safety Code; or
1-21                 (2)  a designation of guardian before need arises under
1-22     Section 679, Texas Probate Code.
1-23           (b)  An employee or volunteer described by Subsection (a)
1-24     must:
1-25                 (1)  provide benefits counseling through an area agency
1-26     on aging system of access and assistance to agency clients;
1-27                 (2)  comply with rules adopted by the Texas Department
1-28     on Aging regarding qualifications, training requirements, and other
1-29     requirements for providing benefits counseling services, including
1-30     legal assistance and legal awareness services;
1-31                 (3)  have received specific training in providing the
1-32     technical advice, consultation, and assistance described by
1-33     Subsection (a); and
1-34                 (4)  be certified by the Texas Department on Aging as
1-35     having met the requirements of this subsection.
1-36           (c)  The Texas Department on Aging by rule shall develop
1-37     certification procedures by which the department certifies that an
1-38     employee or volunteer described by Subsection (a) has met the
1-39     requirements of Subsections (b)(1), (2), and (3).
1-40           SECTION 2. This Act takes effect September 1, 2001.
1-41                                  * * * * *