By: Zaffirini S.B. No. 62
A BILL TO BE ENTITLED
AN ACT
relating to permitting certain military attorneys to represent
military personnel and their dependents in civil proceedings before
the courts of this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (a), Section 81.102, Government Code,
is amended to read as follows:
(a) Except as provided by Subsection (b) or Subchapter D,
Chapter 82, a person may not practice law in this state unless the
person is a member of the state bar.
SECTION 2. Section 82.0361, Government Code, is amended by
adding Subsection (g) to read as follows:
(g) This section does not apply to an attorney requesting
permission to practice law under Subchapter D.
SECTION 3. Chapter 82, Government Code, is amended by
adding Subchapter D to read as follows:
SUBCHAPTER D. PRACTICE OF LAW WITHOUT LICENSE OR STATE BAR
MEMBERSHIP BY CERTAIN MILITARY ATTORNEYS
Sec. 82.101. CERTAIN MILITARY ATTORNEYS: AUTHORIZATION TO
PRACTICE LAW WITHOUT LICENSE OR STATE BAR MEMBERSHIP. (a) In
accordance with 10 U.S.C. Section 1044 and subject to this
subchapter and any rules adopted by the supreme court, an attorney
who is admitted to practice law in a state other than Texas, or in a
territory of the United States or the District of Columbia, and who
is a full-time active duty military officer serving in the office of
a staff judge advocate of the army, navy, air force, marines, or
coast guard of the United States, a Naval Legal Service Office, or a
Trial Service Office that is located in this state may, on
application to and approval by the supreme court, represent
military personnel and their dependents before the courts of this
state in any civil or administrative proceeding.
(b) The judge advocate general of the army, navy, air force,
or coast guard or the staff judge advocate to the commandant of the
marine corps, as appropriate, shall determine the classification of
military personnel and their dependents who are eligible to receive
representation under this subchapter.
(c) The supreme court may by rule limit the types of civil or
administrative proceedings in which an attorney may practice law
under this subchapter.
Sec. 82.102. APPLICATION. To apply for permission to
practice law under this subchapter, an applicant must file an
application on a form and in the manner prescribed by the supreme
court.
Sec. 82.103. GRANT OF PERMISSION TO PRACTICE LAW BY SUPREME
COURT. The supreme court may grant permission to practice law under
this subchapter to an attorney who:
(1) submits to the clerk of the supreme court the
application required by Section 82.102;
(2) presents satisfactory proof of good moral
character;
(3) presents satisfactory proof of admission to the
practice of law and current good standing as a member of the bar in
another state or territory of the United States or the District of
Columbia;
(4) complies with any training requirements that the
supreme court by rule may require; and
(5) provides any additional information or proof that
the supreme court by rule may require.
Sec. 82.104. NO BAR MEMBERSHIP OR LICENSE TO PRACTICE;
CERTAIN REPRESENTATIONS PROHIBITED. (a) An attorney permitted to
practice law under this subchapter is not:
(1) licensed to practice law in this state; or
(2) a member of the state bar.
(b) An attorney permitted to practice law under this
subchapter may not represent himself or herself to be:
(1) licensed to practice law in this state; or
(2) a member of the state bar.
Sec. 82.105. TERMINATION OF PERMISSION TO PRACTICE.
(a) The supreme court may terminate an attorney's permission to
practice law under this subchapter at any time with or without
cause.
(b) An attorney's permission to practice law under this
subchapter shall automatically terminate when the attorney is:
(1) no longer a full-time active duty military officer
serving in the office of a staff judge advocate of the army, navy,
air force, marines, or coast guard of the United States, a Naval
Legal Service Office, or a Trial Service Office that is located in
this state; or
(2) licensed to practice law in this state.
(c) An attorney permitted to practice law under this
subchapter and the attorney's supervisory staff judge advocate or
commanding officer shall immediately inform the clerk of the
supreme court of any change in status of the attorney that may
affect the attorney's authority to practice law under this
subchapter.
Sec. 82.106. ATTORNEY CONDUCT AND DISCIPLINE.
(a) Notwithstanding any other law or any rule adopted by the
supreme court, an attorney granted permission to practice law under
this subchapter is subject to the provisions of this subtitle and
the rules adopted by the supreme court relating to attorney conduct
and discipline, including the Texas Disciplinary Rules of
Professional Conduct, to the same extent as a member of the state
bar is subject to those provisions or rules.
(b) The supreme court shall continue to have jurisdiction to
discipline an attorney who was granted permission to practice law
under this subchapter regardless of whether that permission
terminates.
Sec. 82.107. COMPENSATION FROM CLIENTS PROHIBITED. An
attorney may not receive compensation from a client who the
attorney represents under authority of this subchapter.
Sec. 82.108. RULES. The supreme court may adopt rules that
the supreme court determines necessary to accomplish the purpose of
this subchapter, except that notwithstanding Sections 81.061 and
82.036, the supreme court may not amend or adopt rules in conflict
with this subchapter.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.