Texas 2009 - 81st Regular

Texas House Bill HB1353 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R2188 KFF-D
2	2	By: Vaught H.B. No. 1353
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to permitting certain military attorneys to represent
8	8	military personnel and their dependents in civil proceedings before
9	9	the courts of this state.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 81.102(a), Government Code, is amended
12	12	to read as follows:
13	13	(a) Except as provided by Subsection (b) or Subchapter D,
14	14	Chapter 82, a person may not practice law in this state unless the
15	15	person is a member of the state bar.
16	16	SECTION 2. Section 82.0361, Government Code, is amended by
17	17	adding Subsection (g) to read as follows:
18	18	(g) This section does not apply to an attorney requesting
19	19	permission to practice law under Subchapter D.
20	20	SECTION 3. Chapter 82, Government Code, is amended by
21	21	adding Subchapter D to read as follows:
22	22	SUBCHAPTER D. PRACTICE OF LAW WITHOUT LICENSE OR STATE BAR
23	23	MEMBERSHIP BY CERTAIN MILITARY ATTORNEYS
24	24	Sec. 82.101. CERTAIN MILITARY ATTORNEYS: AUTHORIZATION TO
25	25	PRACTICE LAW WITHOUT LICENSE OR STATE BAR MEMBERSHIP. (a) In
26	26	accordance with 10 U.S.C. Section 1044 and subject to this
27	27	subchapter and any rules adopted by the supreme court, an attorney
28	28	who is admitted to practice law in a state other than Texas, or in a
29	29	territory of the United States or the District of Columbia, and who
30	30	is a full-time active duty military officer serving in the office of
31	31	a staff judge advocate of the air force, army, navy, marines, or
32	32	coast guard of the United States, a Naval Legal Service Office, or a
33	33	Trial Service Office that is located in this state may, on
34	34	application to and approval by the supreme court, represent
35	35	military personnel and their dependents before the courts of this
36	36	state in any civil or administrative proceeding.
37	37	(b) The judge advocate general of the air force, army, or
38	38	navy, the staff judge advocate of the commandant of the marine
39	39	corps, or the chief counsel of the coast guard, as appropriate,
40	40	shall determine the classification of military personnel and their
41	41	dependents who are eligible to receive representation under this
42	42	subchapter.
43	43	(c) The supreme court may by rule limit the types of civil or
44	44	administrative proceedings in which an attorney may practice law
45	45	under this subchapter.
46	46	Sec. 82.102. APPLICATION. To apply for permission to
47	47	practice law under this subchapter, an applicant must file an
48	48	application on a form and in the manner prescribed by the supreme
49	49	court.
50	50	Sec. 82.103. GRANT OF PERMISSION TO PRACTICE LAW BY SUPREME
51	51	COURT. The supreme court may grant permission to practice law under
52	52	this subchapter to an attorney who:
53	53	(1) submits to the clerk of the supreme court the
54	54	application required by Section 82.102;
55	55	(2) presents satisfactory proof of good moral
56	56	character;
57	57	(3) presents satisfactory proof of admission to the
58	58	practice of law and current good standing as a member of the bar in
59	59	another state or territory of the United States or the District of
60	60	Columbia;
61	61	(4) complies with any training requirements that the
62	62	supreme court by rule may require; and
63	63	(5) provides any additional information or proof that
64	64	the supreme court by rule may require.
65	65	Sec. 82.104. NO BAR MEMBERSHIP OR LICENSE TO PRACTICE;
66	66	CERTAIN REPRESENTATIONS PROHIBITED. (a) An attorney permitted to
67	67	practice law under this subchapter is not:
68	68	(1) licensed to practice law in this state; or
69	69	(2) a member of the state bar.
70	70	(b) An attorney permitted to practice law under this
71	71	subchapter may not represent himself or herself to be:
72	72	(1) licensed to practice law in this state; or
73	73	(2) a member of the state bar.
74	74	Sec. 82.105. TERMINATION OF PERMISSION TO PRACTICE. (a)
75	75	The supreme court may terminate an attorney's permission to
76	76	practice law under this subchapter at any time with or without
77	77	cause.
78	78	(b) An attorney's permission to practice law under this
79	79	subchapter shall automatically terminate when the attorney is:
80	80	(1) no longer a full-time active duty military officer
81	81	serving in the office of a staff judge advocate of the air force,
82	82	army, navy, marines, or coast guard of the United States, a Naval
83	83	Legal Service Office, or a Trial Service Office that is located in
84	84	this state; or
85	85	(2) licensed to practice law in this state.
86	86	(c) An attorney permitted to practice law under this
87	87	subchapter and the attorney's supervisory staff judge advocate or
88	88	commanding officer shall immediately inform the clerk of the
89	89	supreme court of any change in status of the attorney that may
90	90	affect the attorney's authority to practice law under this
91	91	subchapter.
92	92	Sec. 82.106. ATTORNEY CONDUCT AND DISCIPLINE. (a)
93	93	Notwithstanding any other law or any rule adopted by the supreme
94	94	court, an attorney granted permission to practice law under this
95	95	subchapter is subject to the provisions of this subtitle and the
96	96	rules adopted by the supreme court relating to attorney conduct and
97	97	discipline, including the Texas Disciplinary Rules of Professional
98	98	Conduct, to the same extent as a member of the state bar is subject
99	99	to those provisions or rules.
100	100	(b) The supreme court shall continue to have jurisdiction to
101	101	discipline an attorney who was granted permission to practice law
102	102	under this subchapter regardless of whether that permission
103	103	terminates.
104	104	Sec. 82.107. COMPENSATION FROM CLIENTS PROHIBITED. An
105	105	attorney may not receive compensation from a client who the
106	106	attorney represents under authority of this subchapter.
107	107	Sec. 82.108. RULES. The supreme court may adopt rules that
108	108	the supreme court determines necessary to accomplish the purpose of
109	109	this subchapter, except that notwithstanding Sections 81.061 and
110	110	82.036, the supreme court may not amend or adopt rules in conflict
111	111	with this subchapter.
112	112	SECTION 4. This Act takes effect immediately if it receives
113	113	a vote of two-thirds of all the members elected to each house, as
114	114	provided by Section 39, Article III, Texas Constitution. If this
115	115	Act does not receive the vote necessary for immediate effect, this
116	116	Act takes effect September 1, 2009.