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A BILL TO BE ENTITLED
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AN ACT
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relating to the continuation and functions of the Board of Law |
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Examiners. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 82.001(b), Government Code, is amended |
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to read as follows: |
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(b) The supreme court shall appoint the members of the board |
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for staggered six-year terms, with the terms of one-third of the |
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members expiring May [August] 31 of each odd-numbered year. A |
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member is subject to removal by the supreme court as provided by |
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Section 82.0021. |
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SECTION 2. Section 82.006, Government Code, is amended to |
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read as follows: |
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Sec. 82.006. SUNSET PROVISION. The Board of Law Examiners |
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is subject to Chapter 325 (Texas Sunset Act). Unless continued in |
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existence as provided by that chapter, the board is abolished |
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September 1, 2029 [2017]. |
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SECTION 3. Section 82.0073, Government Code, is amended to |
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read as follows: |
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Sec. 82.0073. SEPARATION OF RESPONSIBILITIES; DELEGATION. |
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(a) The Board of Law Examiners shall develop and implement |
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policies that clearly separate the policymaking responsibilities |
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of the board and the management responsibilities of the executive |
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director and the staff of the board. |
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(b) Subject to supreme court rules, the Board of Law |
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Examiners may delegate routine decisions to the executive director |
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of the board, including waiver requests. |
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SECTION 4. Section 82.010, Government Code, is amended by |
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amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) The training program must provide the person with |
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information regarding: |
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(1) the law governing board operations [legislation
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that created the board]; |
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(2) the programs, functions, rules, and budget of |
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[operated by] the board; |
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(3) [the role and functions of the board;
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[(4)
the rules of the board, with an emphasis on the
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rules that relate to disciplinary and investigatory authority;
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[(5) the current budget for the board;
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[(6)] the results of the most recent formal audit of |
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the board; |
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(4) [(7)] the requirements of: |
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(A) laws relating to [the] open meetings, [law,
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Chapter 551;
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[(B) the] public information, [law, Chapter 552;
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[(C) the] administrative procedure, and |
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disclosing conflicts of interest [law, Chapter 2001]; and |
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(B) [(D)] other laws applicable to members of a |
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state policymaking body in performing their duties [relating to
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public officials, including conflict-of-interest laws]; and |
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(5) [(8)] any applicable ethics policies adopted by |
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the board or the Texas Ethics Commission. |
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(c) The executive director of the Board of Law Examiners |
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shall create a training manual that includes the information |
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required by Subsection (b). The executive director shall |
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distribute a copy of the training manual annually to each member of |
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the board. On receipt of the training manual, each member of the |
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board shall sign and submit to the executive director a statement |
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acknowledging receipt of the training manual. |
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SECTION 5. Sections 82.023(b), (c), and (e), Government |
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Code, are amended to read as follows: |
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(b) The form for the declaration must clearly identify those |
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conditions of character and fitness [set out in Section 82.027] |
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that may be investigated by the board and that may result in the |
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denial of the declarant's application to take the examination. |
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(c) The board shall notify each first-year law student who |
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files the declaration not later than the date established by |
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supreme court rule [on or before January 1 of the year in which the
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student begins law school, not later than August 1 of the following
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year,] of the board's decision as to the student's acceptable |
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character and fitness. The board shall notify all other declarants |
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not later than the date established by supreme court rule [not later
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than the 270th day after the date the declaration was filed] whether |
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or not it has determined that the declarant has acceptable |
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character and fitness. |
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(e) If the board determines that an applicant may suffer |
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from chemical dependency, the board shall require the applicant to |
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meet with representatives of the Lawyers' Assistance Program of the |
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State Bar of Texas or a similar program of the state bar and may |
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require the applicant to submit to [a treatment facility for] |
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evaluation by a licensed mental health professional designated by |
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this board. The board may seek advice and consultation from the |
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Lawyers' Assistance Program of the State Bar of Texas or a similar |
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program of the state bar in designating mental health professionals |
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qualified to conduct evaluations of declarants who may suffer from |
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chemical dependency. |
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SECTION 6. Sections 82.027(a), (b), and (c), Government |
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Code, are amended to read as follows: |
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(a) Each applicant to take a bar examination must file an |
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application with the Board of Law Examiners not later than the date |
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established by supreme court rule and pay the fee established by |
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supreme court rule [not later than the 180th day before the first
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day of the examination for which the person is applying]. |
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(b) The application must include a statement certifying |
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[consists of a verified affidavit stating] that since the filing of |
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the 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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(c) On a showing of good cause or to prevent hardship, the |
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board may permit an applicant to file an application with the board |
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not later than the date established by supreme court rule [not later
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than the 60th day after the deadline prescribed by Subsection (a)] |
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on payment of applicable late fees established by supreme court |
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rule. |
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SECTION 7. Sections 82.030(a) and (c), Government Code, are |
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amended to read as follows: |
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(a) The Board of Law Examiners shall assess each applicant's |
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moral character and fitness based on: |
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(1) the investigation of character and fitness |
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performed after the filing of the declaration of intention to study |
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law; and |
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(2) the filing of the application [affidavit] required |
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by Section 82.027 and the board's investigation into the accuracy |
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and completeness of the application [affidavit]. |
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(c) If the board determines that an applicant may suffer |
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from chemical dependency, the board shall require the applicant to |
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submit to [a treatment facility for] evaluation by a licensed |
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mental health professional designated by the board. The board may |
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seek advice and consultation from the Lawyers' Assistance Program |
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of the State Bar of Texas or a similar program of the state bar in |
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designating mental health professionals qualified to conduct |
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evaluations of applicants who may suffer from chemical dependency. |
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SECTION 8. Section 82.033(d), Government Code, is amended |
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to read as follows: |
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(d) The supreme court may set reasonable fees for additional |
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services provided by the board, but the fee for any single |
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additional service, other than the late fee for an examination |
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application, may not exceed $150. |
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SECTION 9. Subchapter B, Chapter 82, Government Code, is |
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amended by adding Section 82.039 to read as follows: |
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Sec. 82.039. LICENSING GUIDELINES. (a) To assist the |
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Board of Law Examiners in making consistent and fair determinations |
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related to the licensing of attorneys in this state, the board shall |
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develop specific guidelines for: |
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(1) determining the moral character and fitness of |
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license applicants; |
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(2) overseeing probationary license holders; and |
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(3) granting waiver requests. |
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(b) The Board of Law Examiners shall develop the guidelines |
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required under Subsection (a) based on the board's past decisions |
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and on any other criteria the board considers necessary. The board |
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is not required to take any specific action provided in the |
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guidelines. |
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SECTION 10. Sections 82.023(g) and 82.030(f), Government |
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Code, are repealed. |
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SECTION 11. Section 82.001, Government Code, as amended by |
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this Act, applies only to members appointed to the Board of Law |
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Examiners on or after September 1, 2017. |
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SECTION 12. (a) Except as provided by Subsection (b) of |
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this section, Section 82.010, Government Code, as amended by this |
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Act, applies to a member of the Board of Law Examiners appointed |
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before, on, or after the effective date of this Act. |
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(b) A member of the Board of Law Examiners who, before the |
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effective date of this Act, completed the training program required |
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by Section 82.010, Government Code, as that law existed before the |
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effective date of this Act, is required to complete additional |
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training only on subjects added by this Act to the training program |
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as required by Section 82.010, Government Code, as amended by this |
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Act. A board member described by this subsection may not vote, |
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deliberate, or be counted as a member in attendance at a meeting of |
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the board held on or after December 1, 2017, until the member |
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completes the additional training. |
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SECTION 13. As soon as practicable after the effective date |
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of this Act, the Texas Supreme Court shall modify the rules |
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necessary to implement the changes in license application |
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requirements made under Section 82.027, Government Code, as amended |
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by this Act. |
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SECTION 14. Section 82.027, Government Code, as amended by |
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this Act, applies only to an application to take the state bar |
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examination that is submitted to the Board of Law Examiners on or |
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after September 1, 2017. |
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SECTION 15. This Act takes effect September 1, 2017. |
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* * * * * |