Texas Senate Bill SB246

Texas 2017 - 85th Regular

• Filed: 11/18/16

Caption

Relating to the eligibility of applicants for the state bar examination.

Impact

The proposed changes under SB246 may significantly impact the landscape of legal licensure in Texas. By allowing individuals who have previously failed the examination to retake it without restriction and by granting eligibility to attorneys licensed in other states under certain conditions, the bill potentially broadens the pool of candidates available to practice law in Texas. This could lead to increased competition within the legal job market and is seen by supporters as a progressive step toward ensuring that capable individuals are not unduly hindered from pursuing their legal careers.

Summary

SB246 proposes amendments to the Government Code of Texas specifically regarding the eligibility criteria for applicants wishing to take the state bar examination. The bill focuses on two primary areas of eligibility: the completion of law school requirements and the conditions under which individuals may retake the bar exam after prior failures. Notably, the bill prevents the Texas Supreme Court from imposing any rules that would prohibit applicants from sitting for the examination after failing a specified number of times. This change is aimed at providing greater opportunities for individuals seeking to enter the legal field and to reduce barriers to licensure.

Contention

Controversial aspects of SB246 may arise from concerns about the adequacy of legal education and the competence of individuals who pass the bar examination under the new provisions. Critics might argue that easing eligibility requirements could lead to a decrease in the overall quality of legal practitioners, jeopardizing the integrity of the legal profession. Additionally, as the bill allows for the licensing of attorneys from other states, there may be debates over the differences in legal education standards and the preparedness of those attorneys to practice in Texas, which is governed by its unique laws and regulations.