Texas 2025 - 89th Regular

Texas House Bill HB2386 Compare Versions

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

Old	New	Differences
1	1	89R5831 AND-D
2	2	By: Gervin-Hawkins H.B. No. 2386
3	3
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5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the licensing and regulation of certain legal
10	10	paraprofessionals and establishing a legal paraprofessional
11	11	licensing pilot program; requiring an occupational license;
12	12	imposing fees.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. The heading to Subtitle G, Title 2, Government
15	15	Code, is amended to read as follows:
16	16	SUBTITLE G. ATTORNEYS AND LEGAL PARAPROFESSIONALS
17	17	SECTION 2. The heading to Subchapter E, Chapter 81,
18	18	Government Code, is amended to read as follows:
19	19	SUBCHAPTER E. ATTORNEY DISCIPLINE
20	20	SECTION 3. Chapter 81, Government Code, is amended by
21	21	adding Subchapter E-3 to read as follows:
22	22	SUBCHAPTER E-3. LEGAL PARAPROFESSIONAL DISCIPLINE
23	23	Sec. 81.0891. DISCIPLINARY JURISDICTION AND RULES. (a)
24	24	Each legal paraprofessional admitted to practice in this state is
25	25	subject to the disciplinary and disability jurisdiction of the
26	26	supreme court and the Commission for Lawyer Discipline, a committee
27	27	of the state bar.
28	28	(b) The Committee on Disciplinary Rules and Referenda
29	29	established under Subchapter E-1 shall propose and the supreme
30	30	court shall adopt rules of professional conduct applicable to legal
31	31	paraprofessionals under Subchapter E-1.
32	32	(c) In furtherance of the supreme court's powers to
33	33	supervise the conduct of legal paraprofessionals, the court shall
34	34	establish disciplinary and disability procedures for legal
35	35	paraprofessionals licensed by the court.
36	36	SECTION 4. The heading to Chapter 82, Government Code, is
37	37	amended to read as follows:
38	38	CHAPTER 82. LICENSING OF ATTORNEYS AND LEGAL PARAPROFESSIONALS
39	39	SECTION 5. Chapter 82, Government Code, is amended by
40	40	adding Subchapter E to read as follows:
41	41	SUBCHAPTER E. LICENSING OF LEGAL PARAPROFESSIONALS
42	42	Sec. 82.151. SUPREME COURT RULEMAKING. (a) The supreme
43	43	court may adopt rules relating to an individual's eligibility for
44	44	examination for issuance of a legal paraprofessional license and to
45	45	the manner in which the examination is conducted.
46	46	(b) The supreme court shall adopt rules necessary to
47	47	administer its functions relating to the licensing of legal
48	48	paraprofessionals under this subchapter.
49	49	Sec. 82.152. BOARD OF LAW EXAMINERS DUTIES. (a) In
50	50	addition to its duties under Section 82.004, the Board of Law
51	51	Examiners, acting under the instruction of the supreme court, shall
52	52	examine the qualification of each candidate for licensure as a
53	53	legal paraprofessional.
54	54	(b) The Board of Law Examiners may not recommend any
55	55	individual for a legal paraprofessional license unless the
56	56	individual demonstrates to the board, in the manner the supreme
57	57	court prescribes, that the individual has the moral character and
58	58	proper capacity and qualifications for licensure as a legal
59	59	paraprofessional.
60	60	Sec. 82.153. ELIGIBILITY REQUIREMENTS. To be eligible for
61	61	licensure as a legal paraprofessional, an applicant must:
62	62	(1) be at least 18 years old;
63	63	(2) hold a high school diploma or high school
64	64	equivalency certificate;
65	65	(3) be authorized to work in the United States;
66	66	(4) satisfy at least one of the following
67	67	qualifications:
68	68	(A) hold a paralegal certificate issued by:
69	69	(i) the Board of Law Examiners;
70	70	(ii) the National Association of Legal
71	71	Assistants; or
72	72	(iii) the National Federation of Paralegal
73	73	Associations;
74	74	(B) have successfully completed a paralegal
75	75	education program approved by the American Bar Association or the
76	76	supreme court;
77	77	(C) have at least five years' employment
78	78	experience as a paralegal with at least 50 percent of the
79	79	applicant's workload consisting of substantive legal work; or
80	80	(D) hold a bachelor's degree or a graduate or
81	81	professional degree conferred by an accredited institution of
82	82	higher education;
83	83	(5) be of good moral character and fitness;
84	84	(6) have successfully completed an examination
85	85	administered by the Board of Law Examiners for a legal
86	86	paraprofessional license; and
87	87	(7) pay appropriate application, licensing,
88	88	examination, and enrollment fees.
89	89	Sec. 82.154. PROBATIONARY PERIOD. An attorney licensed in
90	90	this state shall supervise a licensed legal paraprofessional for a
91	91	period not to exceed one year after the issuance date of the
92	92	paraprofessional's initial license. The supreme court shall adopt
93	93	rules regarding the supervisory requirement under this section.
94	94	Sec. 82.155. LIMITED PRACTICE OF LAW BY LICENSED LEGAL
95	95	PARAPROFESSIONAL. (a) Except as provided by Section 82.154, a
96	96	legal paraprofessional licensed under this subchapter may
97	97	represent a client without attorney supervision in a civil suit
98	98	filed in a justice court in this state, including by:
99	99	(1) preparing, litigating, and settling the suit;
100	100	(2) communicating with an opposing party or with an
101	101	attorney representing an opposing party;
102	102	(3) perfecting an appeal of a court judgment; and
103	103	(4) administering post-judgment collections,
104	104	discovery, and receiverships.
105	105	(b) The supreme court by rule may authorize a legal
106	106	paraprofessional licensed under this subchapter to engage in
107	107	additional duties relating to the limited practice of law.
108	108	Sec. 82.156. REQUIREMENTS OF REPRESENTATION. To represent
109	109	a client under Section 82.155, a legal paraprofessional licensed
110	110	under this subchapter must:
111	111	(1) obtain a self-certification affidavit or unsworn
112	112	declaration under Chapter 132, Civil Practice and Remedies Code,
113	113	signed by the client indicating the client has low income;
114	114	(2) execute a written agreement with the client
115	115	explaining the licensed legal paraprofessional is not an attorney
116	116	and describing the limited scope of the paraprofessional's
117	117	representation; and
118	118	(3) provide the client with a brochure approved by the
119	119	state bar explaining the steps for reporting potential concerns
120	120	with the legal paraprofessional's representation or violations of
121	121	rules governing the paraprofessional's professional conduct.
122	122	SECTION 6. Subchapter C, Chapter 61, Education Code, is
123	123	amended by adding Section 61.0765 to read as follows:
124	124	Sec. 61.0765. LEGAL PARAPROFESSIONAL LICENSING PILOT
125	125	PROGRAM. (a) The board, in cooperation with the governing boards
126	126	of The University of Texas System and The Texas A&M University
127	127	System, shall establish a pilot program under which a participating
128	128	student may enroll in a one-year residential graduate degree
129	129	program at a school of law that is a component institution of either
130	130	system. The program shall serve as preparation and fulfillment of
131	131	the licensure requirements for a licensed legal paraprofessional
132	132	under Subchapter E, Chapter 82, Government Code.
133	133	(b) The board shall establish eligibility requirements for
134	134	students seeking to participate in the program, including
135	135	admissions requirements.
136	136	(c) The program must require coursework relevant to the
137	137	licensing requirements under Subchapter E, Chapter 82, Government
138	138	Code, including:
139	139	(1) courses on:
140	140	(A) constitutional law;
141	141	(B) Texas civil procedure;
142	142	(C) Texas criminal procedure;
143	143	(D) legal writing;
144	144	(E) trial advocacy; and
145	145	(F) professional responsibility; and
146	146	(2) at least six credit hours of an experiential
147	147	educational requirement fulfilled by a practical learning
148	148	simulation or experience selected by the participating school of
149	149	law.
150	150	(d) Not later than September 1, 2029, the board shall submit
151	151	to each standing committee of the legislature with jurisdiction
152	152	over higher education a report that:
153	153	(1) evaluates the effectiveness of the pilot program,
154	154	including details regarding the educational outcomes under the
155	155	program and the institutional cost of the program; and
156	156	(2) makes recommendations regarding the continuation
157	157	or expansion of the pilot program.
158	158	(e) The board may adopt rules as necessary to implement this
159	159	section.
160	160	(f) This section expires September 1, 2030.
161	161	SECTION 7. As soon as practicable after the effective date
162	162	of this Act:
163	163	(1) the Texas Supreme Court shall adopt the rules
164	164	necessary to implement this Act;
165	165	(2) the State Bar of Texas shall approve a brochure as
166	166	required under Section 82.156(3), Government Code, as added by this
167	167	Act; and
168	168	(3) the Texas Higher Education Coordinating Board
169	169	shall establish the pilot program under Section 61.0765, Education
170	170	Code, as added by this Act.
171	171	SECTION 8. This Act takes effect immediately if it receives
172	172	a vote of two-thirds of all the members elected to each house, as
173	173	provided by Section 39, Article III, Texas Constitution. If this
174	174	Act does not receive the vote necessary for immediate effect, this
175	175	Act takes effect September 1, 2025.