CHAPTER 82. LICENSING OF ATTORNEYS

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GOVERNMENT CODE

TITLE 2. JUDICIAL BRANCH

SUBTITLE G. ATTORNEYS

CHAPTER 82. LICENSING OF ATTORNEYS

SUBCHAPTER A. BOARD OF LAW EXAMINERS

Sec. 82.001. BOARD OF LAW EXAMINERS. (a) The Board of Law

Examiners is composed of nine attorneys who have the

qualifications required of members of the supreme court.

(b) The supreme court shall appoint the members of the board for

staggered six-year terms, with the terms of one-third of the

members expiring August 31 of each odd-numbered year. A member is

subject to removal by the supreme court as provided by Section

82.0021.

the race, color, disability, sex, religion, age, or national

origin of the appointees.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,

1987. Amended by Acts 1991, 72nd Leg., ch. 576, Sec. 1, eff.

Sept. 1, 1991; Acts 1999, 76th Leg., ch. 116, Sec. 1, eff. May

18, 1999; Acts 2003, 78th Leg., ch. 212, Sec. 1, eff. Sept. 1,

2003.

Sec. 82.002. CONFLICT OF INTEREST. (a) In this section, "Texas

trade association" means a cooperative and voluntarily joined

statewide association of business or professional competitors in

this state designed to assist its members and its industry or

profession in dealing with mutual business or professional

problems and in promoting their common interest.

(b) A person may not be a member of the Board of Law Examiners

and may not be a board employee employed in a "bona fide

executive, administrative, or professional capacity," as that

phrase is used for purposes of establishing an exemption to the

overtime provisions of the federal Fair Labor Standards Act of

1938 (29 U.S.C. Section 201 et seq.), and its subsequent

amendments, if:

(1) the person is an officer, employee, or paid consultant of a

Texas trade association in the field of board interest; or

(2) the person's spouse is an officer, manager, or paid

consultant of a Texas trade association in the field of board

interest.

general counsel to the board if the person is required to

activities for compensation on behalf of a profession related to

the operation of the board.

(d) A member of the board who has a financial interest, other

than a remote financial interest, in a decision pending before

the board is disqualified from participating in the decision.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,

1987. Amended by Acts 2003, 78th Leg., ch. 212, Sec. 2, eff.

Sept. 1, 2003.

Sec. 82.0021. REMOVAL OF BOARD MEMBERS. (a) It is a ground for

removal from the Board of Law Examiners that a member:

(1) does not have, at the time of taking office, the

qualifications required by Section 82.001;

(2) does not maintain during service on the board the

qualifications required by Section 82.001;

(3) is ineligible for membership under Section 82.002;

(4) cannot, because of illness or disability, discharge the

member's duties for a substantial part of the member's term;

(5) is absent from more than half of the regularly scheduled

board meetings that the member is eligible to attend during a

calendar year without an excuse approved by a majority vote of

the board;

(6) is incompetent; or

(7) is inattentive to the member's duties.

(b) The validity of an action of the board is not affected by

the fact that it is taken when a ground for removal of a board

member exists.

potential ground for removal exists, the executive director shall

notify the presiding officer of the board of the potential

ground. The presiding officer shall then notify the supreme court

that a potential ground for removal exists. If the potential

ground for removal involves the presiding officer, the executive

director shall notify the next highest ranking officer of the

board, who shall then notify the supreme court that a potential

ground for removal exists.

Added by Acts 1991, 72nd Leg., ch. 576, Sec. 2, eff. Sept. 1,

1991. Amended by Acts 2003, 78th Leg., ch. 212, Sec. 3, eff.

Sept. 1, 2003.

Sec. 82.003. OPEN RECORDS AND OPEN MEETINGS. (a) Except as

provided by this section, the Board of Law Examiners is subject

to Chapter 552 and Chapter 551.

(b) Examination questions that may be used in the future and

examinations other than the one taken by the person requesting it

are exempt from disclosure.

to moral character and fitness of an applicant shall be closed to

the public, and records relating to these subjects are

confidential. On the written request of an applicant, however,

the applicant is entitled to:

(1) have the applicant's character and fitness hearing open to

persons designated by the applicant; or

(2) have disclosed to the applicant records relating to the

applicant's own moral character and fitness unless the person who

supplied the information has requested that it not be disclosed.

(d) The board shall not inquire of a person who supplies

information relating to an applicant's moral character and

fitness whether the person objects to disclosure nor inform the

person of the right to object.

(e) Board deliberations, hearings, and determinations relating

to a request by an applicant who has a disability for testing

accommodations under Section 82.0272 on the bar examination shall

be closed to the public, and records relating to that subject are

confidential.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,

1987. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(83),

(94), eff. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 212, Sec. 4,

eff. Sept. 1, 2003.

Sec. 82.004. BOARD DUTIES. (a) The Board of Law Examiners,

acting under instructions of the supreme court as provided by

this chapter, shall determine the eligibility of candidates for

examination for a license to practice law in this state.

(b) The board shall examine each eligible candidate as to the

candidate's qualifications to practice law.

practice law unless the person has shown to the board, in the

manner prescribed by the supreme court, that the person is of the

moral character and of the capacity and attainment proper for

that person to be licensed.

(d) On written request of an applicant who fails an examination

administered by the board, the board shall give the applicant an

oral or written analysis of the applicant's performance on the

examination. The applicant may record an oral analysis.

(e) In each city in which an examination is administered, the

board shall provide facilities that enable persons having

physical, mental, or developmental disabilities to take the

examination.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,

1987. Amended by Acts 1991, 72nd Leg., ch. 576, Sec. 3, eff.

Sept. 1, 1991.

Sec. 82.005. BOARD COMPENSATION. (a) The supreme court shall

set the compensation of each member of the Board of Law

Examiners, excluding reasonable and necessary actual expenses, at

an amount that does not exceed $30,000 a year.

(b) Subchapter B, Chapter 659, does not apply to the

compensation set under this section.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,

1987. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(104),

eff. Sept. 1, 1995.

Amended by:

Acts 2005, 79th Leg., Ch.

338, Sec. 1, eff. September 1, 2005.

Sec. 82.006. SUNSET PROVISION. The Board of Law Examiners is

subject to Chapter 325 (Texas Sunset Act). Unless continued in

existence as provided by that chapter, the board is abolished

September 1, 2015.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,

1987. Amended by Acts 1991, 72nd Leg., ch. 576, Sec. 4, eff.

Sept. 1, 1991; Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec. 6.19,

eff. Nov. 12, 1991; Acts 2003, 78th Leg., ch. 212, Sec. 5, eff.

Sept. 1, 2003.

Sec. 82.007. CAREER LADDER; ANNUAL PERFORMANCE EVALUATIONS. (a)

The executive director of the Board of Law Examiners or the

executive director's designee shall develop an intraagency career

ladder program. The program shall require intraagency postings of

all nonentry level positions concurrently with any public

posting.

(b) The executive director or the executive director's designee

shall develop a system of annual performance evaluations. All

merit pay for board employees must be based on the system

established under this subsection.

Added by Acts 1991, 72nd Leg., ch. 576, Sec. 5, eff. Sept. 1,

1991. Amended by Acts 2003, 78th Leg., ch. 212, Sec. 6, eff.

Sept. 1, 2003.

Sec. 82.0071. EQUAL EMPLOYMENT OPPORTUNITY POLICY. (a) The

executive director of the Board of Law Examiners or the executive

director's designee shall prepare and maintain a written policy

statement that implements a program of equal employment

opportunity to ensure that all personnel decisions are made

without regard to race, color, disability, sex, religion, age, or

national origin.

(b) The policy statement must include:

(1) personnel policies, including policies relating to

recruitment, evaluation, selection, training, and promotion of

personnel, that show the intent of the board to avoid the

unlawful employment practices described by Chapter 21, Labor

Code; and

(2) an analysis of the extent to which the composition of the

board's personnel is in accordance with state and federal law and

a description of reasonable methods to achieve compliance with

state and federal law.

(1) updated annually;

(2) reviewed by the Commission on Human Rights for compliance

with Subsection (b)(1); and

(3) filed with the governor's office and the supreme court.

Added by Acts 2003, 78th Leg., ch. 212, Sec. 6, eff. Sept. 1,

2003.

Sec. 82.0072. STANDARDS OF CONDUCT. The executive director of

the Board of Law Examiners or the executive director's designee

shall provide to members of the board and to board employees, as

often as necessary, information regarding the requirements for

office or employment under this chapter, including information

regarding a person's responsibilities under applicable laws

relating to standards of conduct for state officers or employees.

Added by Acts 2003, 78th Leg., ch. 212, Sec. 6, eff. Sept. 1,

2003.

Sec. 82.0073. SEPARATION OF RESPONSIBILITIES. The Board of Law

Examiners shall develop and implement policies that clearly

separate the policymaking responsibilities of the board and the

management responsibilities of the executive director and the

staff of the board.

Added by Acts 2003, 78th Leg., ch. 212, Sec. 6, eff. Sept. 1,

2003.

Sec. 82.008. PUBLIC INFORMATION. (a) The Board of Law

Examiners shall prepare information of public interest describing

the functions of the board. The board shall make the information

available to the public and appropriate agencies.

(b) The board shall develop and implement policies that provide

the public with a reasonable opportunity to appear before the

board and to speak on any issue under the jurisdiction of the

board. However, the board may prohibit public testimony that

would reveal the examination questions described by Section

82.003(b) or would relate to the moral character or fitness of an

applicant for a license.

Added by Acts 1991, 72nd Leg., ch. 576, Sec. 5, eff. Sept. 1,

1991.

Sec. 82.009. PROGRAM ACCESSIBILITY. The Board of Law Examiners

shall prepare and maintain a written plan that describes how a

person who has a physical, mental, or developmental disability

can be provided reasonable access to the board's programs.

Added by Acts 1991, 72nd Leg., ch. 576, Sec. 5, eff. Sept. 1,

1991.

Sec. 82.010. TRAINING PROGRAM REQUIRED. (a) A person who is

appointed to and qualifies for office as a member of the Board of

Law Examiners may not vote, deliberate, or be counted as a member

in attendance at a meeting of the board until the person

completes a training program that complies with this section.

(b) The training program must provide the person with

information regarding:

(1) the legislation that created the board;

(2) the programs operated by the board;

(3) the role and functions of the board;

(4) the rules of the board, with an emphasis on the rules that

relate to disciplinary and investigatory authority;

(5) the current budget for the board;

(6) the results of the most recent formal audit of the board;

(7) the requirements of:

(A) the open meetings law, Chapter 551;

(B) the public information law, Chapter 552;

(D) other laws relating to public officials, including

conflict-of-interest laws; and

(8) any applicable ethics policies adopted by the board or the

Texas Ethics Commission.

Added by Acts 2003, 78th Leg., ch. 212, Sec. 7, eff. Sept. 1,

2003.

Sec. 82.011. WRITTEN COMPLAINTS. (a) The Board of Law

Examiners shall maintain a file on each written complaint filed

with the board. The file must include:

(1) the name of the person who filed the complaint;

(2) the date the complaint was received by the board;

(3) the subject matter of the complaint;

(4) the name of each person contacted in relation to the

complaint;

(5) a summary of the results of the review or investigation of

the complaint; and

(6) an explanation of the reason the file was closed, if the

board closed the file without taking action other than to

investigate the complaint.

(b) The board shall provide to the person filing the complaint

and to each person who is a subject of the complaint a copy of

the board's policies and procedures relating to complaint

investigation and resolution.

complaint, shall notify the person filing the complaint and each

person who is a subject of the complaint of the status of the

investigation unless the notice would jeopardize an undercover

investigation.

Added by Acts 2003, 78th Leg., ch. 212, Sec. 7, eff. Sept. 1,

2003.

Sec. 82.013. EFFECTIVE USE OF TECHNOLOGY. The Board of Law

Examiners shall develop and implement a policy requiring the

executive director and board employees to research and propose

appropriate technological solutions to improve the board's

ability to perform its functions. The technological solutions

must:

(1) ensure that the public is able to easily find information

about the board on the Internet;

(2) ensure that persons who want to use the board's services are

able to:

(A) interact with the board through the Internet; and

(B) access any service that can be provided effectively through

the Internet; and

(3) be cost-effective and developed through the board's planning

processes.

Added by Acts 2003, 78th Leg., ch. 212, Sec. 7, eff. Sept. 1,

2003.

SUBCHAPTER B. LICENSING OF ATTORNEYS

Sec. 82.021. SUPREME COURT AUTHORITY. Only the supreme court

may issue licenses to practice law in this state as provided by

this chapter. The power may not be delegated.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,

1987.

Sec. 82.022. SUPREME COURT RULEMAKING. (a) The supreme court

may adopt rules on eligibility for examination for a license to

practice law and on the manner in which the examination is

conducted. The rules may include:

(1) provisions to ensure:

(A) good moral character of each candidate for a license;

(B) adequate prelegal study and attainment; and

the course of study prescribed by the supreme court or the

equivalent of that course;

(2) the legal topics to be covered by the course of study and by

the examination;

(3) the times and places for holding the examination;

(4) the manner of conducting the examination;

(5) the grades necessary for licensing; and

(6) any other matter consistent with this chapter desirable to

make the issuance of a license to practice law evidence of good

character and fair capacity and attainment and proficiency in the

knowledge of law.

(b) The supreme court shall adopt rules necessary to administer

its functions and to govern the administration of the Board of

Law Examiners' functions relating to the licensing of lawyers.

of the license of a lawyer who is in default on a loan guaranteed

under Chapter 57, Education Code, by the Texas Guaranteed Student

Loan Corporation.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,

1987. Amended by Acts 1989, 71st Leg., ch. 985, Sec. 20, eff.

Sept. 1, 1989.

Sec. 82.023. DECLARATION OF INTENTION TO STUDY LAW. (a) Each

person intending to apply for admission to the bar must file with

the Board of Law Examiners, on a form provided by the board, a

declaration of intention to study law.

(b) The form for the declaration must clearly identify those

conditions of character and fitness set out in Section 82.027

that may be investigated by the board and that may result in the

denial of the declarant's application to take the examination.

the declaration on or before January 1 of the year in which the

student begins law school, not later than August 1 of the

following year, of the board's decision as to the student's

acceptable character and fitness. The board shall notify all

other declarants not later than the 270th day after the date the

declaration was filed whether or not it has determined that the

declarant has acceptable character and fitness.

(d) If the board determines that an applicant does not have

acceptable character and fitness, the notice of the decision must

be accompanied by an analysis of the character investigation that

specifies in detail the results of the investigation. The

analysis must include an objective list of actions the applicant

may take to become qualified for a license to practice law.

(e) If the board determines that an applicant may suffer from

chemical dependency, the board shall require the applicant to

meet with representatives of the Lawyers' Assistance Program of

the State Bar of Texas or a similar program of the state bar and

may require the applicant to submit to a treatment facility for

evaluation.

(f) If the board determines that an applicant suffers from

chemical dependency, the board shall assist the applicant in

working with the Lawyers' Assistance Program of the State Bar of

Texas or a similar program of the state bar.

(g) In this section:

(1) "Chemical dependency" has the meaning assigned by Section

82.038.

(2) "Treatment facility" has the meaning assigned by Section

462.001, Health and Safety Code.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,

1987. Amended by Acts 1991, 72nd Leg., ch. 576, Sec. 6, eff.

Sept. 1, 1991.

Sec. 82.024. LAW STUDY REQUIREMENTS; ELIGIBILITY FOR

EXAMINATION. 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.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,

1987. Amended by Acts 1991, 72nd Leg., ch. 576, Sec. 7, eff.

Sept. 1, 1991.

Sec. 82.0241. UNACCREDITED SCHOOLS OF LAW. All matters relating

to licensing of persons who were enrolled at unaccredited schools

of law in this state are within the exclusive jurisdiction of the

Supreme Court of the State of Texas.

Added by Acts 1991, 72nd Leg., ch. 485, Sec. 2, eff. June 1,

1993.

Sec. 82.027. APPLICATION FOR EXAMINATION. (a) Each applicant

to take a bar examination must file an application with the Board

of Law Examiners not later than the 180th day before the first

day of the examination for which the person is applying.

(b) The application consists of a verified affidavit stating

that since the filing of the applicant's original declaration of

intention to study law, the applicant:

(1) has not been formally charged with any violation of law,

excluding:

(A) cases that have been dismissed for reasons other than

technical defects in the charging instrument;

(B) cases in which the applicant has been found not guilty;

(D) cases in which the record of arrest or conviction was

expunged by court order;

(E) pardoned offenses; and

(F) Class C misdemeanors;

(2) is not mentally ill;

(3) has not been charged with fraud in any legal proceeding; and

(4) has not been involved in civil litigation or bankruptcy

proceedings that reasonably bear on the applicant's fitness to

practice law.

may permit an applicant to file an application with the board not

later than the 60th day after the deadline prescribed by

Subsection (a) on payment of applicable late fees.

(d) The filing deadlines and late fees do not apply to an

applicant who failed the preceding bar examination. Any such

applicant may take the next examination administered on filing an

application with the board and paying the required examination

fees not later than the date established by supreme court rule.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,

1987. Amended by Acts 2003, 78th Leg., ch. 212, Sec. 9, eff.

Sept. 1, 2003.

Sec. 82.0271. RESIDENCY OR CITIZENSHIP STATUS OF APPLICANT. A

person who has applied to take the bar examination may not be

denied admission to the bar examination based on the applicant's

lack of:

(1) permanent residency in the United States; or

(2) United States citizenship.

Added by Acts 1991, 72nd Leg., ch. 576, Sec. 8, eff. Sept. 1,

1991.

Sec. 82.0272. TESTING ACCOMMODATIONS FOR APPLICANTS WITH

DISABILITIES. An applicant who has a physical, mental, or

developmental disability may request that the Board of Law

Examiners provide testing accommodations on the bar examination.

An applicant whose request is denied may appeal the decision to a

committee appointed by, and composed of three or more members of,

the board.

Added by Acts 2003, 78th Leg., ch. 212, Sec. 10, eff. Sept. 1,

2003.

Sec. 82.028. MORAL CHARACTER AND FITNESS OF APPLICANT. (a) The

Board of Law Examiners may conduct an investigation of the moral

character and fitness of each applicant for a license.

(b) The board may contract with public or private entities for

investigative services relating to the moral character and

fitness of applicants.

supreme court may not deny a license to an applicant because of a

deficiency in the applicant's moral character or fitness unless:

(1) the board finds a clear and rational connection between a

character trait of the applicant and the likelihood that the

applicant would injure a client or obstruct the administration of

justice if the applicant were licensed to practice law; or

(2) the board finds a clear and rational connection between the

applicant's present mental or emotional condition and the

likelihood that the applicant will not discharge properly the

applicant's responsibilities to a client, a court, or the legal

profession if the applicant is licensed to practice law.

(d) The board shall limit its investigation under this section

to those areas clearly related to the applicant's moral character

and present fitness to practice law.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,

1987.

Sec. 82.029. RELEASE OF BAR EXAMINATION RESULTS. (a) On

request of a law school that is conducting research on the

achievement of the law school's students or graduates on the

Texas bar examination, the Board of Law Examiners shall provide

the law school with information concerning the results of a bar

examination and the achievement of particular applicants on the

examination, including examination results disaggregated by

section or portion of the examination and any relevant statistics

related to the results of the examination.

(b) An applicant may request that the board not release the

applicant's identity to a law school that requests information

under Subsection (a). The board shall grant the applicant's

request if the applicant:

(1) sends the request to the board by certified mail or a

comparable mailing method that provides proof of delivery; and

(2) makes the request before the applicant takes the bar

examination.

Subsection (a) is subject to any restriction on the release of

the information under federal or state law.

(d) Notwithstanding any other law, information that the board

provides to a law school under Subsection (a) is confidential and

may not be disclosed under any law related to open records or

public information.

Added by Acts 2003, 78th Leg., ch. 212, Sec. 10, eff. Sept. 1,

2003.

Sec. 82.030. BOARD ASSESSMENT OF MORAL CHARACTER AND FITNESS.

(a) The Board of Law Examiners shall assess each applicant's

moral character and fitness based on:

(1) the investigation of character and fitness performed after

the filing of the declaration of intention to study law; and

(2) the filing of the affidavit required by Section 82.027 and

the board's investigation into the accuracy and completeness of

the affidavit.

(b) If the board determines that the applicant does not have the

requisite good moral character and fitness, the board, not later

than the 150th day after the day on which the application is

filed, shall furnish the applicant an analysis of the character

investigation that specifies in detail the results of the

investigation. The analysis must include an objective list of

actions the applicant may take to become qualified for a license

to practice law.

chemical dependency, the board shall require the applicant to

submit to a treatment facility for evaluation.

(d) If the board determines that an applicant suffers from

chemical dependency, the board shall assist the applicant in

working with the Lawyers' Assistance Program of the State Bar of

Texas or a similar program of the state bar.

(e) The board may not deny an applicant the opportunity to take

the bar examination solely because the applicant:

(1) suffers or appears to suffer from chemical dependency; or

(2) has been convicted of or is on community supervision for a

first offense of operating a motor vehicle while intoxicated

under Section 49.04, Penal Code, or intoxication assault

committed while operating a motor vehicle under Section 49.07,

Penal Code.

(f) In this section, "treatment facility" has the meaning

assigned by Section 462.001, Health and Safety Code.

(g) Subject to supreme court adoption by rule, the board shall

define "chemical dependency."

Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,

1987. Amended by Acts 1991, 72nd Leg., ch. 576, Sec. 9, eff.

Sept. 1, 1991; Acts 1995, 74th Leg., ch. 76, Sec. 14.33, eff.

Sept. 1, 1995; Acts 2003, 78th Leg., ch. 212, Sec. 11, eff. Sept.

1, 2003.

Sec. 82.033. FEES. (a) The supreme court shall set the fee for

the investigation of the moral character and fitness of each

candidate at an amount that does not exceed $150. The candidate

must pay the investigation fee to the Board of Law Examiners at

the time it is requested by the board.

(b) The supreme court shall set the fee for any examination

given by the board at an amount that does not exceed $150. The

candidate must pay the fee to the board at the time the candidate

applies for examination.

attorneys at an amount that does not exceed $700.

(d) The supreme court may set reasonable fees for additional

services provided by the board, but the fee for any single

additional service may not exceed $150.

(e) The fees set by the supreme court must be sufficient to pay

all costs of the board, including staff salaries, compensation to

members of the board, and costs of investigation and

administering the examinations, so that state general revenue

funds are not necessary to operate the board.

(f) The board may adopt rules that provide for waiving or

lowering for indigent persons a fee required by this section.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,

1987.

Sec. 82.034. USE OF FUNDS. Fees received by the Board of Law

Examiners shall be deposited in a fund established by the supreme

court. The fund may be used only to administer the functions of

the supreme court and the board relating to the licensing of

lawyers. The fund shall be used as directed by the supreme court

and under supreme court rules.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,

1987.

Sec. 82.035. AUDIT; FINANCIAL REPORT. (a) The financial

transactions of the Board of Law Examiners are subject to audit

by the state auditor in accordance with Chapter 321.

(b) The board shall file annually with the supreme court, the

governor, and the presiding officer of each house of the

legislature a complete and detailed written report accounting for

all funds received or disbursed by the board during the preceding

fiscal year. The annual report must be in the form and reported

in the time provided by the General Appropriations Act.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,

1987. Amended by Acts 1989, 71st Leg., ch. 584, Sec. 4, eff.

Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 576, Sec. 11, eff. Sept.

1, 1991.

Sec. 82.036. FOREIGN ATTORNEYS. 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.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,

1987. Amended by Acts 1991, 72nd Leg., ch. 576, Sec. 12, eff.

Sept. 1, 1991.

Sec. 82.0361. NONRESIDENT ATTORNEY FEE. (a) In this section,

"nonresident attorney" means a person who resides in and is

licensed to practice law in another state but who is not a member

of the State Bar of Texas.

(b) Except as provided by Subsection (e), a nonresident attorney

requesting permission to participate in proceedings in a court in

this state shall pay a fee of $250 for each case in which the

attorney is requesting to participate. The attorney shall pay the

fee to the Board of Law Examiners before filing with the

applicable court a motion requesting permission to participate in

proceedings in that court as provided by rules adopted by the

supreme court.

manner as other fees collected by the Board of Law Examiners. The

board shall remit the fees collected under this section to the

comptroller not later than the 10th day after the end of each

calendar quarter.

(d) The comptroller shall deposit the fees received under this

section to the credit of the basic civil legal services account

of the judicial fund for use in programs approved by the supreme

court that provide basic civil legal services to the indigent.

(e) The supreme court may adopt rules to waive or reduce the fee

required by this section for a nonresident attorney who seeks to

represent an indigent person in proceedings in a court in this

state.

(f) A nonresident attorney who files a motion requesting

permission to participate in proceedings in a court in this state

shall provide to that court proof of payment of the fee required

by this section. The supreme court by rule shall prescribe the

method of proof.

Added by Acts 2003, 78th Leg., ch. 221, Sec. 1, eff. Sept. 1,

2003.

Sec. 82.037. OATH OF ATTORNEY. (a) Each person admitted to

practice law shall, before receiving a license, take an oath that

the person will:

(1) support the constitutions of the United States and this

state;

(2) honestly demean himself in the practice of law; and

(3) discharge the attorney's duty to his client to the best of

the attorney's ability.

(b) The oath shall be endorsed on the license, subscribed by the

person taking the oath, and attested by the officer administering

the oath.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,

1987.

Sec. 82.038. PROBATIONARY LICENSE FOR APPLICANT SUFFERING FROM

CHEMICAL DEPENDENCY. (a) If, after a moral character and

fitness assessment, the Board of Law Examiners determines that

the applicant suffers from chemical dependency, the board shall

notify the applicant of its determination and of the applicant's

rights under this section.

(b) To obtain judicial review of the board's determination that

the applicant suffers from chemical dependency, an applicant must

file a petition in the district court of Travis County before the

60th day after the date that the board delivers notice of its

determination. The petition must name the board as a defendant

and be served on the executive director of the board. Before the

date on which the applicant may obtain a default judgment against

the board, the board shall file with the district court a

certified record of the proceedings before the board.

the board's determination that an applicant suffers from chemical

dependency. The court may not substitute its judgment for that of

the board as to the weight of the evidence on questions submitted

to the board's discretion but shall affirm the board's decision

if the decision is reasonably supported by substantial evidence

in view of the reliable and probative evidence in the record as a

whole.

(d) The board may not deny a person who successfully takes the

bar examination a probationary license to practice law solely

because the person:

(1) suffers from chemical dependency; or

(2) has been convicted of or is on community supervision for a

first offense of operating a motor vehicle while intoxicated

under Section 49.04, Penal Code, or intoxication assault

committed while operating a motor vehicle under Section 49.07,

Penal Code.

(e) The board shall specify the conditions of a probationary

license to practice law, which must be designed to protect the

public from the potential harm the person might cause. Conditions

of a probationary license may include one or more of the

following:

(1) prohibiting the person from using alcohol or controlled

substances;

(2) treatment for chemical dependency;

(3) supervision of the person's work by a licensed attorney;

(4) submission to periodic drug testing;

(5) periodic reporting by the person to the board; or

(6) suspension, for a portion of the probationary period, of an

activity for which a license to practice law is required.

(f) A probationary license issued under this section expires on

the second anniversary of the date on which the license is

issued. A person who holds a probationary license may apply for a

renewal of the probationary license or for a regular license to

practice law. The board, after redetermination of the character

and fitness of a person who holds a probationary license, may

recommend to the supreme court that it grant the person a regular

license to practice law. The redetermination must include an

evaluation of the person by a treatment facility. The board may

not recommend to the supreme court that the person be granted a

regular license to practice law unless the board finds that the

person has successfully completed treatment and has been free

from chemical dependency for the preceding two years.

(g) The supreme court shall adopt rules under which the board

and the State Bar of Texas jointly develop and fund a program for

evaluation and referral to treatment for persons who have been

issued a probationary license under this section.

(h) A probationary license may be immediately revoked if the

person violates a condition of probation imposed by the board.

(i) On request, the board in coordination with the State Bar of

Texas shall inform a member of the public whether a particular

person holds a probationary license. Any information that forms

the basis for the issuance of the probationary license is

confidential.

(j) In this section:

(1) "Chemical dependency" has the meaning provided by supreme

court rule adopted under Section 82.030.

(2) "Controlled substance," "treatment facility," and

"treatment" have the meanings assigned by Section 462.001, Health

and Safety Code.

Added by Acts 1991, 72nd Leg., ch. 576, Sec. 13, eff. Sept. 1,

1991. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.34, eff.

Sept. 1, 1995; Acts 2003, 78th Leg., ch. 212, Sec. 12, eff. Sept.

1, 2003.

SUBCHAPTER C. ATTORNEY CONDUCT

Sec. 82.061. MISBEHAVIOR OR CONTEMPT. (a) An attorney at law

may be fined or imprisoned by any court for misbehavior or for

contempt of the court.

(b) An attorney may not be suspended or stricken from the rolls

for contempt unless the contempt involves fraudulent or

dishonorable conduct or malpractice.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,

1987.

Sec. 82.062. DISBARMENT. Any attorney who is guilty of

barratry, any fraudulent or dishonorable conduct, or malpractice

may be suspended from practice, or the attorney's license may be

revoked, by a district court of the county in which the attorney

resides or in which the act complained of occurred. An attorney

may be suspended from practice or the attorney's license may be

revoked under this section regardless of the fact that the act

complained of may be an offense under the Penal Code and

regardless of whether the attorney is being prosecuted for or has

been convicted of the offense.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,

1987.

Sec. 82.063. RETENTION OF CLIENT'S MONEY. (a) A person may

bring an action against the person's attorney if the attorney

receives or collects money for the person and refuses to pay the

money to the person on demand.

(b) To recover under this section the person must file a motion

with a district court in either the county in which the attorney

usually resides or the county in which the attorney resided when

the attorney collected or received the money.

served on the attorney not later than the fifth day before the

trial.

(d) If the motion is sustained, judgment shall be rendered

against the defendant for the amount collected or received and at

least 10 percent but not more than 20 percent damages on the

principal sum.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,

1987.

Sec. 82.064. OFFICERS NOT TO APPEAR. (a) A judge or clerk of

the supreme court, the court of criminal appeals, a court of

appeals, or a district court, or a sheriff may not appear and

plead as an attorney at law in any court of record in this state.

(b) A county judge or county clerk who is licensed to practice

law may not appear and practice as an attorney at law in any

county or justice court except in cases over which the court in

which the judge or clerk serves has neither original nor

appellate jurisdiction.

appear and practice as an attorney at law in the supreme court,

the court of criminal appeals, a court of appeals, or a district

court unless the court in which the clerk serves has neither

original nor appellate jurisdiction.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,

1987. Amended by Acts 1991, 72nd Leg., ch. 829, Sec. 1, eff.

Sept. 1, 1991.

Sec. 82.065. CONTINGENT FEE CONTRACT FOR LEGAL SERVICES. (a) A

contingent fee contract for legal services must be in writing and

signed by the attorney and client.

(b) A contingent fee contract for legal services is voidable by

the client if it is procured as a result of conduct violating the

laws of this state or the Disciplinary Rules of the State Bar of

Texas regarding barratry by attorneys or other persons.

Added by Acts 1989, 71st Leg., ch. 866, Sec. 3, eff. Sept. 1,

1989.

Sec. 82.066. ATTORNEY MAY NOT APPEAR. An attorney may not

appear before a judge or justice in a civil case if the attorney

is related to the judge or justice by affinity or consanguinity

within the first degree, as determined under Chapter 573.

Added by Acts 1989, 71st Leg., ch. 866, Sec. 4, eff. Sept. 1,

1989. Amended by Acts 1991, 72nd Leg., ch. 561, Sec. 24, eff.

Aug. 26, 1991; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(28), eff.

Sept. 1, 1995.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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