Texas 2009 - 81st Regular

Texas Senate Bill SB62 Compare Versions

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