79R6764 KLA-D
By: Van de Putte S.B. No. 1550
A BILL TO BE ENTITLED
AN ACT
relating to licensing of attorneys.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 82.024, Government Code, is amended to
read as follows:
Sec. 82.024. LAW STUDY REQUIREMENTS; ELIGIBILITY FOR
EXAMINATION. (a) A person who has completed the prescribed study
in an approved law school has satisfied the law study requirements
for taking the examination for a license to practice law and is
eligible to take the bar examination. An approved law school is one
that is approved by the supreme court for the time period designated
by the court as maintaining the additional standards to retain
approval.
(b) The supreme court may not adopt rules regarding the
eligibility of an applicant for examination for a license to
practice law that prohibit the applicant from taking the
examination after failing a specified number of previous
examinations.
SECTION 2. Section 82.036, Government Code, is amended to
read as follows:
Sec. 82.036. FOREIGN ATTORNEYS. (a) The supreme court
shall make such rules and regulations as to admitting attorneys
from other jurisdictions to practice law in this state as it shall
deem proper and just. All such attorneys shall be required to
furnish satisfactory proof as to good moral character.
(b) The rules adopted under this section must allow an
attorney licensed to practice law in another jurisdiction to be
admitted to practice law in this state without examination if the
attorney:
(1) completed the law study requirements for admission
at an approved law school in this state;
(2) has been actively and substantially engaged in the
practice of law in the other jurisdiction for:
(A) at least three of the last seven years
immediately preceding the date the attorney filed the application
for a license in Texas, if the attorney has never taken and failed
the Texas bar examination; or
(B) at least five of the last seven years
immediately preceding the date the attorney filed the application
for a license in Texas, if the attorney failed the last Texas bar
examination taken by the attorney; and
(3) is otherwise eligible for admission to practice
law without examination.
SECTION 3. As soon as practicable after the effective date
of this Act, the Texas Supreme Court shall adopt rules to implement
Section 82.036, Government Code, as amended by this Act.
SECTION 4. Sections 82.024 and 82.036, Government Code, as
amended by this Act, apply only to a person who files an application
for admission to the State Bar of Texas on or after September 1,
2005.
SECTION 5. This Act takes effect September 1, 2005.