SRC-JLB H.B. 462 78(R)    BILL ANALYSIS


Senate Research CenterH.B. 462
78R6463 QS-FBy: Gallego (Ellis, Rodney)
Jurisprudence
4/11/2003
Engrossed

DIGEST AND PURPOSE 

Roughly 20 states and United States territories charge fees to certain
nonresident attorneys who wish to participate in proceedings in that state
or territory's courts.  H.B. 462 requires a nonresident attorney to pay a
$250 fee if the attorney requests to participate in Texas court
proceedings. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Supreme Court of Texas in
SECTION 1 (Section 82.0361, Government Code) of this bill.  

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 82B, Government Code, by adding Section
82.0361, as follows: 
 
 Sec. 82.0361.  NONRESIDENT ATTORNEY FEE.  (a)  Defines "nonresident
attorney." 

(b)  Requires a nonresident attorney requesting permission to participate
in proceedings in a court in this state, except as provided by Subsection
(e), to pay a fee of $250 for each case in which the attorney is
requesting to participate. Requires the attorney to pay the fee to the
Board of Law Examiners (board) before filing with the applicable court a
motion requesting permission to participate in proceedings in that court
as provided by rules adopted by the supreme court. 

(c)  Requires fees under this section to be collected in the same manner
as other fees collected by the board.  Requires the board to remit the
fees collected under this section to the comptroller not later than the
10th day after the end of each calendar quarter. 
 
(d)  Requires the comptroller to deposit the fees received under this
section to the credit of the basic civil legal services account of the
judicial fund for use in programs approved by the Supreme Court of Texas
(supreme court) that provide basic civil legal services to the indigent. 
 
(e)  Authorizes the supreme court to adopt rules to waive or reduce the
fee required by this section for a nonresident attorney who seeks to
represent an indigent person in proceedings in a court in this state. 

(f)  Requires a nonresident attorney who files a motion requesting
permission to participate in proceedings in a court in this state to
provide to that court proof of payment of the fee required by this
section.  Requires the supreme court by rule to prescribe the method of
proof. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date:  September 1, 2003.