By: Zaffirini S.B. No. 62

(In the Senate - Filed November 10, 2008; February 10, 2009, read first time and referred to Committee on Jurisprudence; April 14, 2009, reported adversely, with favorable Committee Substitute by the following vote: Yeas 7, Nays 0; April 14, 2009, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 62 By: Hinojosa

A BILL TO BE ENTITLED

AN ACT

relating to permitting certain military attorneys to represent military personnel and their dependents in civil proceedings before the courts of this state.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subsection (a), Section 81.102, Government Code, is amended to read as follows:

(a) Except as provided by Subsection (b) or Subchapter D, Chapter 82, a person may not practice law in this state unless the person is a member of the state bar.

SECTION 2. Section 82.0361, Government Code, is amended by adding Subsection (g) to read as follows:

(g) This section does not apply to an attorney requesting permission to practice law under Subchapter D.

SECTION 3. Chapter 82, Government Code, is amended by adding Subchapter D to read as follows:

SUBCHAPTER D. PRACTICE OF LAW WITHOUT LICENSE OR STATE BAR

MEMBERSHIP BY CERTAIN MILITARY ATTORNEYS

Sec. 82.101. CERTAIN MILITARY ATTORNEYS: AUTHORIZATION TO PRACTICE LAW WITHOUT LICENSE OR STATE BAR MEMBERSHIP. (a) In accordance with 10 U.S.C. Section 1044 and subject to this subchapter and any rules adopted by the supreme court, an attorney who is admitted to practice law in a state other than Texas, or in a territory of the United States or the District of Columbia, and who is a full-time active duty military officer serving in the office of a staff judge advocate of the army, navy, air force, marines, or coast guard of the United States, a Naval Legal Service Office, or a Trial Service Office that is located in this state may, on application to and approval by the supreme court, represent military personnel and their dependents before the courts of this state in any civil or administrative proceeding.

(b) The judge advocate general of the army, navy, air force, or coast guard or the staff judge advocate to the commandant of the marine corps, as appropriate, shall determine the classification of military personnel and their dependents who are eligible to receive representation under this subchapter.

(c) The supreme court may by rule limit the types of civil or administrative proceedings in which an attorney may practice law under this subchapter.

Sec. 82.102. APPLICATION. To apply for permission to practice law under this subchapter, an applicant must file an application on a form and in the manner prescribed by the supreme court.

Sec. 82.103. GRANT OF PERMISSION TO PRACTICE LAW BY SUPREME COURT. The supreme court may grant permission to practice law under this subchapter to an attorney who:

(1) submits to the clerk of the supreme court the application required by Section 82.102;

(2) presents satisfactory proof of good moral character;

(3) presents satisfactory proof of admission to the practice of law and current good standing as a member of the bar in another state or territory of the United States or the District of Columbia;

(4) complies with any training requirements that the supreme court by rule may require; and

(5) provides any additional information or proof that the supreme court by rule may require.

Sec. 82.104. NO BAR MEMBERSHIP OR LICENSE TO PRACTICE; CERTAIN REPRESENTATIONS PROHIBITED. (a) An attorney permitted to practice law under this subchapter is not:

(1) licensed to practice law in this state; or

(2) a member of the state bar.

(b) An attorney permitted to practice law under this subchapter may not represent himself or herself to be:

(1) licensed to practice law in this state; or

(2) a member of the state bar.

Sec. 82.105. TERMINATION OF PERMISSION TO PRACTICE. (a) The supreme court may terminate an attorney's permission to practice law under this subchapter at any time with or without cause.

(b) An attorney's permission to practice law under this subchapter shall automatically terminate when the attorney is:

(1) no longer a full-time active duty military officer serving in the office of a staff judge advocate of the army, navy, air force, marines, or coast guard of the United States, a Naval Legal Service Office, or a Trial Service Office that is located in this state; or

(2) licensed to practice law in this state.

(c) An attorney permitted to practice law under this subchapter and the attorney's supervisory staff judge advocate or commanding officer shall immediately inform the clerk of the supreme court of any change in status of the attorney that may affect the attorney's authority to practice law under this subchapter.

Sec. 82.106. ATTORNEY CONDUCT AND DISCIPLINE. (a) Notwithstanding any other law or any rule adopted by the supreme court, an attorney granted permission to practice law under this subchapter is subject to the provisions of this subtitle and the rules adopted by the supreme court relating to attorney conduct and discipline, including the Texas Disciplinary Rules of Professional Conduct, to the same extent as a member of the state bar is subject to those provisions or rules.

(b) The supreme court shall continue to have jurisdiction to discipline an attorney who was granted permission to practice law under this subchapter regardless of whether that permission terminates.

Sec. 82.107. COMPENSATION FROM CLIENTS PROHIBITED. An attorney may not receive compensation from a client who the attorney represents under authority of this subchapter.

Sec. 82.108. RULES. The supreme court may adopt rules that the supreme court determines necessary to accomplish the purpose of this subchapter, except that notwithstanding Sections 81.061 and 82.036, the supreme court may not amend or adopt rules in conflict with this subchapter.

SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.

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