C.S.S.B. 266 78(R)    BILL ANALYSIS


C.S.S.B. 266
By: Lucio
Judicial Affairs
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The Board of Law Examiners (the "Board") determines individuals'
eligibility for admission to practice law in Texas.  C.S.S.B. 266
continues the Board for the standard 12-year period and revises certain
administrative provisions. 

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly
granted to the Texas Supreme Court in SECTION 9 (Section 82.027,
Government Code) and in SECTION 11 (Section 82.030, Government Code) of
this bill. 

ANALYSIS

SECTION 1.  Amends Sections 82.001(b) and (c), Government Code, as follows:

(b)  Requires the supreme court to appoint the members of the Board of Law
Examiners (board) for staggered six-year terms rather than two-year terms,
with the terms of one-third of the members expiring August 31 of each
odd-numbered year.  

(c)  Requires appointments to the board to be made without regard to the
race, color, disability, sex, religion, age, or national origin of the
appointees.  

SECTION 2.  Amends Section 82.002, Government Code, to update standard
Sunset language relating to conflicts of interest.  

SECTION 3.  Amends Sections 82.0021(a) and (c), Government Code to update
and add standard Sunset language relating to grounds for removal from the
board. 

SECTION 4.  Amends Section 82.003, Government Code, by amending
Subsections (a) and (c) and adding Subsections (d) and (e), as follows: 

  (a)  Makes a conforming change.

(c)  Requires board deliberations, hearings, and determinations, relating
to moral character and fitness of applicants to be closed to the public,
and records relating to these subjects are confidential.  Provides that an
applicant, on written request, is entitled to certain information and
procedures. 

  (d)  Created from existing text.  Makes a conforming change.
(e)  Requires board deliberations, hearings, and determinations relating
to a request by an applicant who has a disability for testing
accommodations under Section 82.0272 on the bar examination to be closed
to the public, and provides that records relating to that subject are
confidential. 

SECTION 5.  Amends Section 82.006, Government Code, to continue the Board
of Law Examiners for the standard 12-year period until September 1, 2015. 

SECTION 6.  Amends Chapter 82A, Government Code, by amending Section
82.007 and adding  Sections 82.0071-82.0073, as follows: 

Sec.  82.007.  New heading:  CAREER LADDER; ANNUAL PERFORMANCE
EVALUATIONS.  Deletes existing text regarding qualifications for
employment and the responsibilities of the board and the staff of the
board. 

Sec.  82.0071.  New heading:  EQUAL EMPLOYMENT OPPORTUNITY POLICY.  (a)
Created from existing text of Section 82.007.   Requires the executive
director of the board or the executive director's designee to prepare and
maintain a written policy statement that implements a program to ensure
that all personnel decisions are made without regard to certain factors. 

  (b)  Requires the policy statement to include certain information.

(c)  Requires the policy statement to be updated annually, reviewed by the
Commission on Human Rights for compliance with Subsection (b)(1) and filed
with the governor's office and the supreme court.  Deletes existing text
regarding the policy statement.   

Sec.  82.0072.  STANDARDS OF CONDUCT.  Requires the executive director or
the executive director's designee to provide to board members and to board
employees, as often as necessary, information regarding the requirements
for office or employment under this chapter, including information
regarding a person's responsibilities under applicable laws relating to
standards of conduct for state officers or employees. 

Sec.  82.0073.  SEPARATION OF RESPONSIBILITIES.  Requires the board to
develop and implement policies that clearly separate the policymaking
responsibilities of the board and the management responsibilities of the
executive director and the board staff. 

SECTION 7.  Amends Chapter 82A, Government Code, by adding Sections
82.010-82.013, as follows: 

Sec.  82.010.  TRAINING PROGRAM REQUIRED.  (a)  Provides that a person who
is appointed to and qualifies for office as a member of the board may not
vote, deliberate, or be counted as a member in attendance at a meeting of
the board until the person completes a training program that complies with
this section. 

  (b)  Requires the training program to provide the person with certain
information. 

Sec.  82.011.  WRITTEN COMPLAINTS.  (a)  Requires the board to maintain a
file on each written complaint filed with the board.  Requires the file to
include certain information. 

(b)  Requires the board to provide to the person filing the complaint and
to each person who is a subject of the complaint a copy of the board's
policies and procedures relating to complaint investigation and
resolution.   

(c)  Requires the board, at least quarterly until final disposition of the
complaint, to notify the person filing the complaint and each person who
is a subject of the complaint of the status of the investigation unless
the notice would jeopardize an undercover investigation. 

Sec.  82.012.  STATE EMPLOYEE INCENTIVE PROGRAM.  Requires the executive
director or the executive director's designee to provide to board
employees information and training on the benefits and methods of
participation in the state employee incentive program. 

Sec.  82.013.  EFFECTIVE USE OF TECHNOLOGY.  Requires the board to develop
and implement a policy requiring the executive director and board
employees to research and propose appropriate technological solutions to
improve the board's ability to perform its functions.  Requires the
technological solutions to ensure certain factors are met. 
 

SECTION 8.  Amends the Government Code by adding Section 82.0242 as
follows: 

Sec. 82.0242.  LAW STUDY REQUIREMENT FOR CERTAIN STUDENTS.  (a) Provides
that notwithstanding any other provision of the law, the law study
requirement for taking the bar exam is satisfied if a person has met all
other requirements for law study other than completing the final 12
semester hours required for graduation or their equivalent. 

(b)  Provides that a person qualifying to take the bar examination under
subsection (a) may not be licensed to practice law until graduation or
until satisfying all requirements for graduation. 

(c)  Provides that if a person described by subsection (a) has not
graduated or satisfied all requirements for graduation within two years
from the date that the person satisfactorily completes all parts of the
bar examination, the person's examination scores are void. 

(d)  Provides that this section expires September 1, 2004.  

SECTION 9.  Amends Section 82.027, Government Code, by adding Subsections
(c) and (d), as follows: 

(c)  Authorizes the board, on a showing of good cause or to prevent
hardship, to permit an applicant to file an application with the board not
later than the 60th day after the deadline prescribed by Subsection (a) on
payment of applicable late fees. 

(d)  Provides that the filing deadlines and late fees do not apply to an
applicant who failed the preceding bar examination.  Authorizes any such
applicant to take the next examination administered on filing an
application with the board and paying te required examination fees not
later than the date established by supreme court rule. 

SECTION 10.  Amends Chapter 82B, Government Code by adding Section
82.0272, 82.029, and 82.0291 as follows: 

Sec. 82.0272.  TESTING ACCOMMODATIONS FOR APPLICANTS WITH DISABILITIES.
Authorizes an applicant who has a physical, mental, or developmental
disability to request that the board provide testing accommodations on the
bar examination. Authorizes an applicant whose request is denied to appeal
the decision to a committee appointed by, and composed of three or more
members of, the board. 

Sec. 82.029.  RELEASE OF BAR EXAMINATION RESULTS.  (a) Provides that on
the request of a law school that is conducting research on the achievement
of the law school's students or graduates on the Texas bar examination,
the Board shall provide the law school with information concerning the
results of a bar examination and the achievement of particular applicants
on the examination, including examination results disaggregated by section
or portion of the examination and any relevant statistics related to the
results of the examination.   

(b)  Provides that an applicant may request that the board not release the
applicant's identity to a law school under certain conditions. 

(c)  Provides that a law school that receives information according to
subsection (a) is subject to any restriction on the release of the
information under state or federal law.   

(d)  Provides that the information provided under subsection (a) is
confidential and may not be disclosed under any law related to open
records or public meetings.   

Sec. 82.0291.  REPORT ON APPLICANTS WHO FAIL EXAMINATION.  (a) The Board
of Law Examiners shall compile a report indicating the number of
applicants who fail the July 2004 bar examination.  The data shall be
aggregated by gender, ethnicity, and race.  The  report shall also include
an analysis of the identifiable causes of failure and recommendations, if
any, to address the causes of failure.  The board shall deliver the report
to the legislature not later than December 31, 2004.   

(b)  This section expires January 1, 2005.  

SECTION 11.  Amends Section 82.030, Government Code, by amending
Subsection (f) and adding Subsection (g), as follows: 

(f) Deletes the existing definition for "chemical dependency" and provides
that "treatment facility" has the meaning assigned by Section 462.001,
Health and Safety Code. 

(g)  Requires the Board to define "chemical dependency." subject to
supreme court adoption by rule.   

SECTION 12.  Amends Section 82.038, Government Code, by amending
Subsection (i) and adding Subsection (j), as follows: 

(i)  Requires the board, on request, in coordination with the State Bar of
Texas to inform a member of the public whether a particular person holds a
probationary license.  Provides that any information that forms the basis
for the issuance of the probationary license is confidential.   

(j)  Provides that "chemical dependency" has the meaning provided by
supreme court rule adopted under Section 82.030. 

SECTION 13.  Repealer:  Sections  82.031, Government Code (District
Committee on Admissions) and Section 82.032, Government Code (District
Committee Investigation). 

SECTION 14.  Requires the Texas Supreme Court, in appointing members of
the board for terms beginning in September 1, 2003, to appoint three
persons to terms expiring August 31, 2005, three persons to terms expiring
August 31, 2007, and three persons to terms expiring August 31, 2009. 

SECTION 15.  Makes application of Section 82.038(i), Government Code,
prospective. 

SECTION 16.  Effective date:  September 1, 2003. 

EFFECTIVE DATE

September 1, 2003. 


COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute provides that a person lacking 12 or fewer semester hours
for graduation from an approved law school may take the bar examination
and be licensed to practice law under certain conditions.   

The substitute provides that the Board may release bar examination results
including the achievement of particular applicants to law schools
conducting research on the achievement of their own students or graduates
on the examination, including disaggregated results and statistics.  This
provision also contains certain opt-out and privacy restrictions.   

The substitute provides that the Board shall compile a report indicating
the number of applicants who fail the July 2004 bar examination.  The data
shall be aggregated by gender, ethnicity, and race.  The report shall also
include an analysis of the identifiable causes of failure and
recommendations, if any, to address the causes of failure.  The board
shall deliver the report to the legislature not later than December 31,
2004, and this provision expires January 1, 2005.   

 The substitute deletes provisions in the original placing the Board under
the general revenue and appropriations process, and also deletes Section
14 of the original, which pertained to fees received by the Board and
money remaining in the fund established under Section 82.034, Government
Code. 

The substitute provides that the board shall define "chemical dependency"
subject to supreme court adoption by rule.