BILL ANALYSIS

H.B. 5570

By: Kitzman

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Under current statute, attorneys must meet a set number of continuing legal education (CLE) credits per year to remain licensed by the State Bar of Texas. The statute does contain exceptions for attorneys who work for the legislature or applicable state agencies but does not currently contain an exception for attorneys who serve as a state official appointed by the governor and confirmed by the senate. The bill author has informed the committee that as a result of this omission, some attorneys may be hesitant to serve the state due to the time constraints that a gubernatorial appointment may impose on them, making it difficult to fulfill their CLE requirements and remain licensed. H.B. 5570 rectifies this issue by expanding the current positions that are exempt from attorney CLE requirements to include these individuals, encouraging more attorneys to put their name forward to assist in service to the state.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 5570 amends the Government Code to require the State Bar of Texas to credit an attorney licensed in Texas with meeting the minimum continuing legal education requirements of the state bar for a reporting year if during the reporting year the attorney is serving as a state official appointed by the governor and confirmed by the senate, provided the attorney meets the continuing legal education requirements of the state bar in legal ethics or professional responsibility as required under current state law.

H.B. 5570 applies only to the minimum requirements for a continuing legal education compliance year that ends on or after September 1, 2025. The minimum requirements for continuing legal education for a compliance year that ends before September 1, 2025, are covered by the law and rules in effect when the compliance year ended, and that law and those rules are continued in effect for that purpose.

EFFECTIVE DATE

September 1, 2025.