HB2386 - Relating to the licensing and regulation of certain legal paraprofessionals and establishing a legal paraprofessional licensing pilot program; requiring an occupational license; imposing fees.

  89R5831 AND-D     By: Gervin-Hawkins H.B. No. 2386       A BILL TO BE ENTITLED   AN ACT   relating to the licensing and regulation of certain legal   paraprofessionals and establishing a legal paraprofessional   licensing pilot program; requiring an occupational license;   imposing fees.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Subtitle G, Title 2, Government   Code, is amended to read as follows:   SUBTITLE G. ATTORNEYS AND LEGAL PARAPROFESSIONALS          SECTION 2.  The heading to Subchapter E, Chapter 81,   Government Code, is amended to read as follows:   SUBCHAPTER E. ATTORNEY DISCIPLINE          SECTION 3.  Chapter 81, Government Code, is amended by   adding Subchapter E-3 to read as follows:   SUBCHAPTER E-3. LEGAL PARAPROFESSIONAL DISCIPLINE           Sec.   81.0891.     DISCIPLINARY JURISDICTION AND RULES. (a)     Each legal paraprofessional admitted to practice in this state is   subject to the disciplinary and disability jurisdiction of the   supreme court and the Commission for Lawyer Discipline, a committee   of the state bar.           (b)     The Committee on Disciplinary Rules and Referenda   established under Subchapter E-1 shall propose and the supreme   court shall adopt rules of professional conduct applicable to legal   paraprofessionals under Subchapter E-1.           (c)     In furtherance of the supreme court's powers to   supervise the conduct of legal paraprofessionals, the court shall   establish disciplinary and disability procedures for legal   paraprofessionals licensed by the court.          SECTION 4.  The heading to Chapter 82, Government Code, is   amended to read as follows:   CHAPTER 82. LICENSING OF ATTORNEYS AND LEGAL PARAPROFESSIONALS          SECTION 5.  Chapter 82, Government Code, is amended by   adding Subchapter E to read as follows:   SUBCHAPTER E. LICENSING OF LEGAL PARAPROFESSIONALS           Sec.   82.151.     SUPREME COURT RULEMAKING. (a) The supreme   court may adopt rules relating to an individual's eligibility for   examination for issuance of a legal paraprofessional license and to   the manner in which the examination is conducted.           (b)     The supreme court shall adopt rules necessary to   administer its functions relating to the licensing of legal   paraprofessionals under this subchapter.           Sec.   82.152.     BOARD OF LAW EXAMINERS DUTIES. (a)   In   addition to its duties under Section 82.004, the Board of Law   Examiners, acting under the instruction of the supreme court, shall   examine the qualification of each candidate for licensure as a   legal paraprofessional.           (b)     The Board of Law Examiners may not recommend any   individual for a legal paraprofessional license unless the   individual demonstrates to the board, in the manner the supreme   court prescribes, that the individual has the moral character and   proper capacity and qualifications for licensure as a legal   paraprofessional.           Sec.   82.153.     ELIGIBILITY REQUIREMENTS. To be eligible for   licensure as a legal paraprofessional, an applicant must:                   (1)  be at least 18 years old;                 (2)     hold a high school diploma or high school   equivalency certificate;                 (3)  be authorized to work in the United States;                 (4)     satisfy at least one of the following   qualifications:                       (A)  hold a paralegal certificate issued by:                             (i)  the Board of Law Examiners;                             (ii)     the National Association of Legal   Assistants; or                             (iii)     the National Federation of Paralegal   Associations;                       (B)     have successfully completed a paralegal   education program approved by the American Bar Association or the   supreme court;                       (C)     have at least five years' employment   experience as a paralegal with at least 50 percent of the   applicant's workload consisting of substantive legal work; or                       (D)     hold a bachelor's degree or a graduate or   professional degree conferred by an accredited institution of   higher education;                 (5)  be of good moral character and fitness;                 (6)     have successfully completed an examination   administered by the Board of Law Examiners for a legal   paraprofessional license; and                 (7)     pay appropriate application, licensing,   examination, and enrollment fees.           Sec.   82.154.     PROBATIONARY PERIOD. An attorney licensed in   this state shall supervise a licensed legal paraprofessional for a   period not to exceed one year after the issuance date of the   paraprofessional's initial license.   The supreme court shall adopt   rules regarding the supervisory requirement under this section.           Sec.   82.155.     LIMITED PRACTICE OF LAW BY LICENSED LEGAL   PARAPROFESSIONAL. (a)   Except as provided by Section 82.154, a   legal paraprofessional licensed under this subchapter may   represent a client without attorney supervision in a civil suit   filed in a justice court in this state, including by:                 (1)  preparing, litigating, and settling the suit;                 (2)     communicating with an opposing party or with an   attorney representing an opposing party;                 (3)  perfecting an appeal of a court judgment; and                 (4)     administering post-judgment collections,   discovery, and receiverships.           (b)     The supreme court by rule may authorize a legal   paraprofessional licensed under this subchapter to engage in   additional duties relating to the limited practice of law.           Sec.   82.156.     REQUIREMENTS OF REPRESENTATION. To represent   a client under Section 82.155, a legal paraprofessional licensed   under this subchapter must:                   (1)     obtain a self-certification affidavit or unsworn   declaration under Chapter 132, Civil Practice and Remedies Code,   signed by the client indicating the client has low income;                 (2)     execute a written agreement with the client   explaining the licensed legal paraprofessional is not an attorney   and describing the limited scope of the paraprofessional's   representation; and                 (3)     provide the client with a brochure approved by the   state bar explaining the steps for reporting potential concerns   with the legal paraprofessional's representation or violations of   rules governing the paraprofessional's professional conduct.          SECTION 6.  Subchapter C, Chapter 61, Education Code, is   amended by adding Section 61.0765 to read as follows:           Sec.   61.0765.     LEGAL PARAPROFESSIONAL LICENSING PILOT   PROGRAM. (a) The board, in cooperation with the governing boards   of The University of Texas System and The Texas A&M University   System, shall establish a pilot program under which a participating   student may enroll in a one-year residential graduate degree   program at a school of law that is a component institution of either   system.   The program shall serve as preparation and fulfillment of   the licensure requirements for a licensed legal paraprofessional   under Subchapter E, Chapter 82, Government Code.           (b)     The board shall establish eligibility requirements for   students seeking to participate in the program, including   admissions requirements.           (c)     The program must require coursework relevant to the   licensing requirements under Subchapter E, Chapter 82, Government   Code, including:                 (1)  courses on:                       (A)  constitutional law;                       (B)  Texas civil procedure;                       (C)  Texas criminal procedure;                       (D)  legal writing;                       (E)  trial advocacy; and                       (F)  professional responsibility; and                 (2)     at least six credit hours of an experiential   educational requirement fulfilled by a practical learning   simulation or experience selected by the participating school of   law.           (d)     Not later than September 1, 2029, the board shall submit   to each standing committee of the legislature with jurisdiction   over higher education a report that:                 (1)     evaluates the effectiveness of the pilot program,   including details regarding the educational outcomes under the   program and the institutional cost of the program; and                 (2)     makes recommendations regarding the continuation   or expansion of the pilot program.           (e)     The board may adopt rules as necessary to implement this   section.           (f)  This section expires September 1, 2030.          SECTION 7.  As soon as practicable after the effective date   of this Act:                (1)  the Texas Supreme Court shall adopt the rules   necessary to implement this Act;                (2)  the State Bar of Texas shall approve a brochure as   required under Section 82.156(3), Government Code, as added by this   Act; and                (3)  the Texas Higher Education Coordinating Board   shall establish the pilot program under Section 61.0765, Education   Code, as added by this Act.          SECTION 8.  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, 2025.