78R920 SLO-D
By: Lucio S.B. No. 266
A BILL TO BE ENTITLED
AN ACT
relating to the continuation and functions of the Board of Law
Examiners.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 82.001(b) and (c), Government Code, are
amended to read as follows:
(b) The supreme court [biennially] shall appoint the
members of the board for staggered six-year [two-year] terms, with
the terms of one-third of the members expiring [that expire] August
31 of each odd-numbered year. A member is subject to removal by the
supreme court as provided by Section 82.0021.
(c) Appointments to the board shall be made without regard
to the race, color, disability, [creed,] sex, religion, age, or
national origin of the appointees.
SECTION 2. Section 82.002, Government Code, is amended to
read as follows:
Sec. 82.002. CONFLICT OF INTEREST. (a) In this section,
"Texas trade association" means a cooperative and voluntarily
joined statewide association of business or professional
competitors in this state designed to assist its members and its
industry or profession in dealing with mutual business or
professional problems and in promoting their common interest.
(b) A person may not be a member of the Board of Law
Examiners and may not be a board employee employed in a "bona fide
executive, administrative, or professional capacity," as that
phrase is used for purposes of establishing an exemption to the
overtime provisions of the federal Fair Labor Standards Act of 1938
(29 U.S.C. Section 201 et seq.), and its subsequent amendments, if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of board
interest; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of board
interest.
(c) A person may not be a member of the board or act as the
general counsel to the board if the person is required to register
as a lobbyist under Chapter 305 because of the person's activities
for compensation on behalf of a profession related to the operation
of the board.
(d) A member of the board [Board of Law Examiners] who has a
financial interest, other than a remote financial interest, in a
decision pending before the board is disqualified from
participating in the decision.
[(b) A member or employee of the board may not be an employee
or paid consultant of a trade association in the field of board
interest.
[(c) A person who is required to register as a lobbyist
under Chapter 305 may not act as general counsel to the board or
serve as a member of the board.]
SECTION 3. Sections 82.0021(a) and (c), Government Code,
are amended to read as follows:
(a) It is a ground for removal from the Board of Law
Examiners that [if] a member:
(1) does not have, at the time of taking office
[appointment], the qualifications required by Section 82.001;
(2) does not maintain during service on the board the
qualifications required by Section 82.001;
(3) is ineligible for membership under [violates a
prohibition established by] Section 82.002;
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term [for which the member is appointed because of illness or
disability];
(5) is absent from more than half of the regularly
scheduled board meetings that the member is eligible to attend
during [in] a calendar year without an excuse approved [unless the
absence is excused] by a majority vote of the board;
(6) is incompetent; or
(7) is inattentive to the member's duties.
(c) If the executive director of the board has knowledge
that a potential ground for removal exists, the executive director
shall notify the presiding officer [chairman] of the board of the
potential ground. The presiding officer [chairman] shall then
notify the supreme court that a potential ground for removal
exists. If the potential ground for removal involves the presiding
officer, the executive director shall notify the next highest
ranking officer of the board, who shall then notify the supreme
court that a potential ground for removal exists.
SECTION 4. Section 82.003, Government Code, is amended by
amending Subsections (a) and (c) and adding Subsections (d) and (e)
to read as follows:
(a) Except as provided by this section [Subsections (b) and
(c)], the Board of Law Examiners is subject to Chapter 552[,] and
Chapter 551.
(c) Board deliberations, hearings, and determinations
[Deliberations] relating to moral character and fitness of an
applicant shall [may] be closed to the public, and records relating
to these subjects are confidential [exempt from disclosure]. On
the written request of an applicant, however, the applicant is
entitled to:
(1) have the applicant's character and fitness hearing
open to persons designated by the applicant; or
(2) have disclosed to the applicant records relating
to the applicant's own moral character and fitness unless the
person who supplied the information has requested that it not be
disclosed.
(d) The board shall not inquire of a person who supplies
information relating to an applicant's moral character and fitness
whether the person objects to disclosure nor inform the person of
the right to object.
(e) 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
shall be closed to the public, and records relating to that subject
are confidential.
SECTION 5. Section 82.006, Government Code, is amended to
read as follows:
Sec. 82.006. SUNSET PROVISION. The Board of Law Examiners
is subject to Chapter 325 (Texas Sunset Act). Unless continued in
existence as provided by that chapter, the board is abolished
September 1, 2015 [2003].
SECTION 6. Subchapter A, Chapter 82, Government Code, is
amended by amending Section 82.007 and adding Sections 82.0071,
82.0072, and 82.0073 to read as follows:
Sec. 82.007. CAREER LADDER; ANNUAL PERFORMANCE EVALUATIONS
[PERSONNEL]. (a) The executive director of the Board of Law
Examiners or the executive director's designee shall develop an
intraagency career ladder program. The program shall require
intraagency postings of all nonentry level positions concurrently
with any public posting.
(b) The executive director or the executive director's
designee shall develop a system of annual performance evaluations.
All merit pay for board employees must be based on the system
established under this subsection.
[(c) The board shall provide to its members and employees,
as often as necessary, information regarding their qualifications
for office or employment under this subchapter and their
responsibilities under applicable laws relating to standards of
conduct for state officers or employees.
[(d) The board shall develop and implement policies that
clearly define the respective responsibilities of the board and the
staff of the board.]
Sec. 82.0071. EQUAL EMPLOYMENT OPPORTUNITY
POLICY. (a) [(e)] The executive director of the Board of Law
Examiners or the executive director's designee shall prepare and
maintain a written policy statement that implements [to assure
implementation of] a program of equal employment opportunity to
ensure that all personnel decisions [under which all personnel
transactions] are made without regard to race, color, disability
[handicap], sex, religion, age, or national origin.
(b) The policy statement must include:
(1) personnel policies, including policies relating
to recruitment, evaluation, selection, [appointment,] training,
and promotion of personnel, that show the intent of the board to
avoid the unlawful employment practices described by Chapter 21,
Labor Code; and
(2) an analysis of the extent to which the composition
of the board's personnel is in accordance with state and federal law
and a description of reasonable methods to achieve compliance with
state and federal law.
(c) The policy statement must be:
(1) updated annually;
(2) reviewed by the Commission on Human Rights for
compliance with Subsection (b)(1); and
(3) filed with the governor's office and the supreme
court[;
[(2) a comprehensive analysis of the board's work
force that meets federal and state guidelines;
[(3) procedures by which a determination can be made
of significant underutilization in the board's work force of all
persons for whom federal or state guidelines encourage a more
equitable balance; and
[(4) reasonable methods to appropriately address
those areas of significant underutilization.
[(f) A policy statement prepared under Subsection (e) must
cover an annual period, be updated at least annually, and be filed
with the supreme court and the governor's office.
[(g) The governor's office shall deliver a biennial report
to the legislature based on the information received under
Subsection (f). The report may be made separately or as a part of
other biennial reports made to the legislature].
Sec. 82.0072. STANDARDS OF CONDUCT. The executive
director of the Board of Law Examiners or the executive director's
designee shall provide to members of the board 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. The Board
of Law Examiners shall develop and implement policies that clearly
separate the policymaking responsibilities of the board and the
management responsibilities of the executive director and the staff
of the board.
SECTION 7. Subchapter A, Chapter 82, Government Code, is
amended by adding Sections 82.010-82.013 to read as follows:
Sec. 82.010. TRAINING PROGRAM REQUIRED. (a) A person who
is appointed to and qualifies for office as a member of the Board of
Law Examiners 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) The training program must provide the person with
information regarding:
(1) the legislation that created the board;
(2) the programs operated by the board;
(3) the role and functions of the board;
(4) the rules of the board, with an emphasis on the
rules that relate to disciplinary and investigatory authority;
(5) the current budget for the board;
(6) the results of the most recent formal audit of the
board;
(7) the requirements of:
(A) the open meetings law, Chapter 551;
(B) the public information law, Chapter 552;
(C) the administrative procedure law, Chapter
2001; and
(D) other laws relating to public officials,
including conflict-of-interests laws; and
(8) any applicable ethics policies adopted by the
board or the Texas Ethics Commission.
Sec. 82.011. WRITTEN COMPLAINTS. (a) The Board of Law
Examiners shall maintain a file on each written complaint filed
with the board. The file must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint was received by the board;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to
the complaint;
(5) a summary of the results of the review or
investigation of the complaint; and
(6) an explanation of the reason the file was closed,
if the board closed the file without taking action other than to
investigate the complaint.
(b) The board shall 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) The board, at least quarterly until final disposition of
the complaint, shall 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. The
executive director of the Board of Law Examiners or the executive
director's designee shall 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. The Board of Law
Examiners shall 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. The technological solutions must:
(1) ensure that the public is able to easily find
information about the board on the Internet;
(2) ensure that persons who want to use the board's
services are able to:
(A) interact with the board through the Internet;
and
(B) access any service that can be provided
effectively through the Internet; and
(3) be cost effective and developed through the
board's planning processes.
SECTION 8. Section 82.027, Government Code, is amended by
adding Subsections (c) and (d) to read as follows:
(c) On a showing of good cause or to prevent hardship, the
board may 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) The filing deadlines and late fees do not apply to an
applicant who failed the preceding bar examination. Any such
applicant may take the next examination administered on filing an
application with the board and paying the required examination fees
not later than the date established by supreme court rule.
SECTION 9. Subchapter B, Chapter 82, Government Code, is
amended by adding Section 82.0272 to read as follows:
Sec. 82.0272. TESTING ACCOMMODATIONS FOR APPLICANTS WITH
DISABILITIES. An applicant who has a physical, mental, or
developmental disability may request that the Board of Law
Examiners provide testing accommodations on the bar examination.
An applicant whose request is denied may appeal the decision to a
committee appointed by, and composed of three or more members of,
the board.
SECTION 10. Section 82.030, Government Code, is amended by
amending Subsection (f) and adding Subsection (g) to read as
follows:
(f) In this section, "treatment [:
[(1) "Chemical dependency" has the meaning assigned by
Section 82.038.
[(2) "Treatment] facility" has the meaning assigned by
Section 462.001, Health and Safety Code.
(g) Subject to supreme court approval, the board by rule
shall define "chemical dependency."
SECTION 11. Section 82.034, Government Code, is amended to
read as follows:
Sec. 82.034. USE OF FUNDS. Fees received by the Board of
Law Examiners shall be deposited in the general revenue fund [a fund
established by the supreme court. The fund may be used only to
administer the functions of the supreme court and the board
relating to the licensing of lawyers. The fund shall be used as
directed by the supreme court and under supreme court rules].
SECTION 12. Section 82.038, Government Code, is amended by
amending Subsection (i) and adding Subsection (j) to read as
follows:
(i) On request, the board in coordination with the State Bar
of Texas shall inform a member of the public whether a particular
person holds a probationary license. Any information that forms
the basis for the issuance of the probationary license is
confidential.
(j) In this section:
(1) "Chemical dependency" has the meaning provided by
board rule adopted under Section 82.030 [means:
[(A) the abuse of alcohol or a controlled
substance;
[(B) a pathological use of alcohol or a
controlled substance that chronically impairs the applicant's
ability to competently provide legal advice or services; or
[(C) a physiological or physical dependence on
alcohol or a controlled substance].
(2) "Controlled substance," "treatment facility," and
"treatment" have the meanings assigned by Section 462.001, Health
and Safety Code.
SECTION 13. Sections 82.031 and 82.032, Government Code,
are repealed.
SECTION 14. (a) The changes in law made by this Act to
Section 82.034, Government Code, apply only to fees received by the
Board of Law Examiners on or after September 1, 2003. However, for
fees received during the state fiscal biennium beginning September
1, 2003, those changes in law apply only if a specific
appropriation for the board is provided by the General
Appropriations Act, Acts of the 78th Legislature, Regular Session,
2003. If a specific appropriation is not provided by that Act, fees
received by the board during that biennium are governed by Section
82.034, Government Code, as that section existed immediately before
the effective date of this Act, and the former law is continued in
effect for that purpose.
(b) Not later than the 15th day after the effective date of
this Act, the Texas Supreme Court shall transfer to the comptroller
all money remaining in the fund established under Section 82.034,
Government Code, as that section existed immediately before the
effective date of this Act. The comptroller shall deposit the money
in the general revenue fund. However, if the General
Appropriations Act, Acts of the 78th Legislature, Regular Session,
2003, does not provide a specific appropriation for the Board of Law
Examiners, the supreme court shall make that transfer during the
first 15 days of the fiscal biennium beginning September 1, 2005.
SECTION 15. In appointing the members of the Board of Law
Examiners for terms beginning September 1, 2003, the Texas Supreme
Court shall 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 16. Section 82.038(i), Government Code, as amended
by this Act, applies only to a probationary license to practice law
issued on or after September 1, 2003.
SECTION 17. This Act takes effect September 1, 2003.