Texas House Bill HB1353

Texas 2009 - 81st Regular

Caption

Relating to permitting certain military attorneys to represent military personnel and their dependents in civil proceedings before the courts of this state.

Impact

If enacted, HB1353 would create a new subchapter within the Government Code to facilitate military attorneys' representation without the need for a state bar license. This measure acknowledges the professional qualifications of attorneys who serve in the military and seeks to expand access to justice for military families who may be stationed in Texas but are not licensed in the state. Currently, only licensed attorneys may practice law in Texas, and this bill will allow trained military legal professionals to assist their clients more directly, thereby potentially improving their overall legal standing.

Summary

House Bill 1353 seeks to allow certain military attorneys to represent active duty military personnel and their dependents in civil and administrative proceedings before the courts in Texas. This bill amends sections of the Government Code, specifically outlining the conditions under which military attorneys may practice law in Texas without being members of the state bar. By doing so, the bill aims to address potential access issues that military families may face when they need legal representation due to their unique circumstances.

Contention

While proponents of HB1353 argue that it is a necessary adjustment to ensure that military personnel and their dependents can receive timely legal aid, there are concerns regarding the implications of waiving traditional bar membership requirements. Critics may point to the importance of regulation within the legal profession, emphasizing that all practicing lawyers should abide by the same standards and responsibilities, regardless of their background. Thus, discussions surrounding HB1353 could highlight broader themes related to equity in legal representation and the role of the military within the state's legal landscape.