bill licensing legal paraprofessionals

The text as introduced · 1,929 words

89R4920 AMF-D

By: Gervin-Hawkins
H.B. No. 2707

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;

(5) a legal paraprofessional license in civil law; or

(6) a legal paraprofessional license in criminal 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

(3) communicating with an opposing party or an

attorney or legal paraprofessional representing an opposing party

on matters related to the limited legal services described by

Subdivisions (1) and (2).

Sec. 82.158. LIMITED PRACTICE OF LAW BY LEGAL

PARAPROFESSIONAL LICENSED IN CONSUMER DEBT LAW. Except as provided

by Section 82.155, a license holder who holds a legal

paraprofessional license in consumer debt law may represent a

client without attorney supervision by:

(1) advising the client about completing and filing

official forms related to consumer debt; and

(2) communicating with the court, an opposing party,

or an attorney or legal paraprofessional representing an opposing

party on matters related to the service described by Subdivision

(1).

Sec. 82.159. LIMITED PRACTICE OF LAW BY LEGAL

PARAPROFESSIONAL LICENSED IN ADMINISTRATIVE LAW. Except as

provided by Section 82.155, a license holder who holds a legal

paraprofessional license in administrative law may represent a

client without attorney supervision in certain administrative law

matters, as determined by the supreme court by rule.

Sec. 82.160. LIMITED PRACTICE OF LAW BY LEGAL

PARAPROFESSIONAL LICENSED IN CIVIL LAW. Except as provided by

Section 82.155, a license holder who holds a legal paraprofessional

license in civil law may represent a client without attorney

supervision in a civil suit, other than a family law case or

proceeding or a probate matter or proceeding, in which the matter in

controversy exceeds $200 but does not exceed $15,000, including by:

(1) preparing, litigating, and settling the suit;

(2) communicating with the court, an opposing party,

or an attorney or legal paraprofessional representing an opposing

party;

(3) perfecting an appeal of a court judgment; and

(4) administering post-judgment collections,

discovery, and receiverships.

Sec. 82.161. LIMITED PRACTICE OF LAW BY LEGAL

PARAPROFESSIONAL LICENSED IN CRIMINAL LAW. (a) In this section,

"nonviolent misdemeanor" means an offense punishable by fine only.

The term does not include an offense under:

(1) Chapter 20, 21, 22, 25, 42, 43, 46, or 71, Penal

Code;

(2) Section 49.04(d), Penal Code; or

(3) Section 49.06, Penal Code.

(b) Except as provided by Section 82.155, a license holder

who holds a legal paraprofessional license in criminal law may

represent a client who is charged with a nonviolent misdemeanor

without attorney supervision by:

(1) advising the client about completing and filing

necessary official forms;

(2) advocating for the client in pretrial proceedings;

and

(3) communicating with the court or the prosecuting

attorney.

Sec. 82.162. RULES AUTHORIZING ADDITIONAL SERVICES UNDER

SPECIALTY LICENSE. The supreme court by rule may authorize a legal

paraprofessional to provide additional services under the license

holder's specialty license to engage in the limited practice of law

under this subchapter.

Sec. 82.163. REQUIREMENTS OF REPRESENTATION. To represent

a client under Sections 82.156 through 82.162, 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, including, as applicable, an explanation of the

limitation related to the amount in controversy in a civil suit, as

provided by Section 82.160; 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.

Sec. 82.164. CONSTRUCTION OF SUBCHAPTER. Nothing in this

subchapter may be construed to limit a person's ability to provide

information related to the state legal system as otherwise

permitted by law.

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 82.163(3), Government Code, as added by this

Act.

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