HB2624 - Relating to the licensing and regulation of certain legal paraprofessionals; requiring an occupational license; imposing fees.

  89R4925 AMF-F     By: Gervin-Hawkins H.B. No. 2624       A BILL TO BE ENTITLED   AN ACT   relating to the licensing and regulation of certain legal   paraprofessionals; 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 RULES. (a) The supreme court   may adopt rules relating to an individual's eligibility for   examination for issuance of a legal paraprofessional license in a   specialty described by Section 82.154 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 in a specialty described by Section 82.154.           (b)     The Board of Law Examiners may not recommend any   individual for any 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.     SPECIALTY LICENSURE.   (a)   An applicant for a   legal paraprofessional license may apply for issuance of one or   more of the following specialty licenses:                 (1)  a legal paraprofessional license in family law;                 (2)     a legal paraprofessional license in estate   planning and probate law;                 (3)     a legal paraprofessional license in consumer debt   law;                 (4)     a legal paraprofessional license in   administrative law; or                 (5)  a legal paraprofessional license in civil law.           (b)     An applicant may not apply for issuance of a general   legal paraprofessional license.           Sec.   82.155.     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.   82.156.     LIMITED PRACTICE OF LAW BY LEGAL   PARAPROFESSIONAL LICENSED IN FAMILY LAW. (a) Except as provided by   Section 82.155 and Subsection (c), a license holder who holds a   legal paraprofessional license in family law may represent a client   without attorney supervision in a proceeding as authorized under   Subsection (b) by:                   (1)     advising the client about completing and filing   necessary official forms; and                 (2)     communicating with the court, an opposing party,   or an attorney or legal paraprofessional representing an opposing   party.             (b)     A license holder who holds a legal paraprofessional   license in family law may represent a client only in the following   proceedings:                   (1)     an uncontested suit for dissolution of a marriage   that does not involve the sale or title transfer of real property   and does not involve children born or adopted of the marriage who   are under 18 years of age or who are otherwise entitled to support   as provided by Chapter 154, Family Code;                   (2)     an uncontested application for a protective order   under Subtitle B, Title 4, Family Code; or                   (3)     an uncontested suit affecting the parent-child   relationship, including a suit joined with an uncontested suit for   dissolution of a marriage but excluding a suit filed by a   governmental entity under Subtitle E, Title 5, Family Code, that   involves only standard conservatorship provisions, standard   possession schedules, and child support payments in an amount   established by the child support guidelines under Subchapter C,   Chapter 154, Family Code.             (c)     Notwithstanding Subsection (a), a license holder who   holds a legal paraprofessional license in family law may not advise   a client about preparing a qualified domestic relations order or   similar order or form required for the disposition of retirement   and employment benefits and other plans under Section 7.003, Family   Code.             Sec.   82.157.     LIMITED PRACTICE OF LAW BY LEGAL   PARAPROFESSIONAL LICENSED IN ESTATE PLANNING AND PROBATE LAW.   Except as provided by Section 82.155, a license holder who holds a   legal paraprofessional license in estate planning and probate law   may represent a client without attorney supervision by:                 (1)     advising the client about completing and filing   the following forms:                       (A)     an authorization to disclose protected   health information under the Health Insurance Portability and   Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.);                       (B)     a medical power of attorney under Chapter   166, Health and Safety Code;                         (C)     a directive to physicians and family or   surrogates under Chapter 166, Health and Safety Code;                       (D)     a declaration for mental health treatment   under Chapter 137, Civil Practice and Remedies Code;                       (E)     an annual report by a guardian of a person or   a declaration or affidavit for the filing of the report under   Subchapter C, Chapter 1163, Estates Code;                       (F)     a supported decision-making agreement under   Chapter 1357, Estates Code;                       (G)     a statutory durable power of attorney as   provided by Subtitle P, Title 2, Estates Code;                       (H)     a transfer on death deed under Chapter 114,   Estates Code;                       (I)     a small estate affidavit under Chapter 205,   Estates Code;                       (J)     an application for muniment of title under   Chapter 257, Estates Code; or                       (K)     any other official estate planning or probate   forms;                 (2)     communicating with a court on matters related to   the annual report by a guardian of a person, a small estate   affidavit, or an application for muniment of title; and           [Text truncated for display. Full text available on Congress.gov.]