bill creating a license for legal paraprofessionals

The text as introduced · 899 words

89R4940 AMF-D

By: Gervin-Hawkins
H.B. No. 1528

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 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. 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; and

(2) the State Bar of Texas shall approve a brochure as

required under Section 82.156(3), Government Code, as added by this

Act.

SECTION 7. This Act takes effect September 1, 2025.