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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility of applicants for the state bar |
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examination. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 82.024, Government Code, is amended to |
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read as follows: |
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Sec. 82.024. LAW STUDY REQUIREMENTS; ELIGIBILITY FOR |
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EXAMINATION. (a) A person who has completed the prescribed study |
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in an approved law school has satisfied the law study requirements |
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for taking the examination for a license to practice law and is |
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eligible to take the bar examination. An approved law school is one |
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that is approved by the supreme court for the time period designated |
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by the court as maintaining the additional standards to retain |
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approval. |
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(b) The supreme court may not adopt rules regarding the |
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eligibility of an applicant for examination for a license to |
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practice law that prohibit the applicant from taking the |
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examination after failing a specified number of previous |
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examinations. |
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SECTION 2. Subchapter B, Chapter 82, Government Code, is |
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amended by adding Section 82.025 to read as follows: |
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Sec. 82.025. ATTORNEY LICENSED IN ANOTHER STATE. (a) |
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Notwithstanding Sections 82.024, 82.0241, and 82.036, an attorney |
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licensed to practice law in another state is eligible to take this |
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state's bar examination if the attorney: |
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(1) is a citizen of the United States; and |
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(2) satisfies all other requirements to be licensed in |
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this state. |
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(b) An attorney eligible to take the examination under this |
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section must comply with the procedures and deadlines prescribed by |
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the Texas Supreme Court. |
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SECTION 3. Section 82.027(b), Government Code, is amended |
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to read as follows: |
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(b) The application consists of a statement confirming |
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[verified affidavit stating] that, since the filing of the |
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applicant's original declaration of intention to study law, the |
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applicant: |
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(1) has not been formally charged with any violation |
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of law, excluding: |
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(A) cases that have been dismissed for reasons |
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other than technical defects in the charging instrument; |
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(B) cases in which the applicant has been found |
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not guilty; |
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(C) minor traffic violations; |
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(D) cases in which the record of arrest or |
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conviction was expunged by court order; |
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(E) pardoned offenses; and |
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(F) Class C misdemeanors; |
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(2) [is not mentally ill;
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[(3)] has not been charged with fraud in any legal |
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proceeding; and |
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(3) [(4)] has not been involved in civil litigation or |
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bankruptcy proceedings that reasonably bear on the applicant's |
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fitness to practice law. |
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SECTION 4. Sections 82.024 and 82.027, Government Code, as |
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amended by this Act, apply only to an application to take the state |
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bar examination that is submitted to the Board of Law Examiners on |
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or after September 1, 2017. |
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SECTION 5. This Act takes effect September 1, 2017. |