89R5831 AND-D
By: Gervin-Hawkins H.B. No. 2386
A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of certain legal
paraprofessionals and establishing a legal paraprofessional
licensing pilot program; requiring an occupational license;
imposing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subtitle G, Title 2, Government
Code, is amended to read as follows:
SUBTITLE G. ATTORNEYS AND LEGAL PARAPROFESSIONALS
SECTION 2. The heading to Subchapter E, Chapter 81,
Government Code, is amended to read as follows:
SUBCHAPTER E. ATTORNEY DISCIPLINE
SECTION 3. Chapter 81, Government Code, is amended by
adding Subchapter E-3 to read as follows:
SUBCHAPTER E-3. LEGAL PARAPROFESSIONAL DISCIPLINE
Sec. 81.0891. DISCIPLINARY JURISDICTION AND RULES. (a)
Each legal paraprofessional admitted to practice in this state is
subject to the disciplinary and disability jurisdiction of the
supreme court and the Commission for Lawyer Discipline, a committee
of the state bar.
(b) The Committee on Disciplinary Rules and Referenda
established under Subchapter E-1 shall propose and the supreme
court shall adopt rules of professional conduct applicable to legal
paraprofessionals under Subchapter E-1.
(c) In furtherance of the supreme court's powers to
supervise the conduct of legal paraprofessionals, the court shall
establish disciplinary and disability procedures for legal
paraprofessionals licensed by the court.
SECTION 4. The heading to Chapter 82, Government Code, is
amended to read as follows:
CHAPTER 82. LICENSING OF ATTORNEYS AND LEGAL PARAPROFESSIONALS
SECTION 5. Chapter 82, Government Code, is amended by
adding Subchapter E to read as follows:
SUBCHAPTER E. LICENSING OF LEGAL PARAPROFESSIONALS
Sec. 82.151. SUPREME COURT RULEMAKING. (a) The supreme
court may adopt rules relating to an individual's eligibility for
examination for issuance of a legal paraprofessional license and to
the manner in which the examination is conducted.
(b) The supreme court shall adopt rules necessary to
administer its functions relating to the licensing of legal
paraprofessionals under this subchapter.
Sec. 82.152. BOARD OF LAW EXAMINERS DUTIES. (a) In
addition to its duties under Section 82.004, the Board of Law
Examiners, acting under the instruction of the supreme court, shall
examine the qualification of each candidate for licensure as a
legal paraprofessional.
(b) The Board of Law Examiners may not recommend any
individual for a legal paraprofessional license unless the
individual demonstrates to the board, in the manner the supreme
court prescribes, that the individual has the moral character and
proper capacity and qualifications for licensure as a legal
paraprofessional.
Sec. 82.153. ELIGIBILITY REQUIREMENTS. To be eligible for
licensure as a legal paraprofessional, an applicant must:
(1) be at least 18 years old;
(2) hold a high school diploma or high school
equivalency certificate;
(3) be authorized to work in the United States;
(4) satisfy at least one of the following
qualifications:
(A) hold a paralegal certificate issued by:
(i) the Board of Law Examiners;
(ii) the National Association of Legal
Assistants; or
(iii) the National Federation of Paralegal
Associations;
(B) have successfully completed a paralegal
education program approved by the American Bar Association or the
supreme court;
(C) have at least five years' employment
experience as a paralegal with at least 50 percent of the
applicant's workload consisting of substantive legal work; or
(D) hold a bachelor's degree or a graduate or
professional degree conferred by an accredited institution of
higher education;
(5) be of good moral character and fitness;
(6) have successfully completed an examination
administered by the Board of Law Examiners for a legal
paraprofessional license; and
(7) pay appropriate application, licensing,
examination, and enrollment fees.
Sec. 82.154. PROBATIONARY PERIOD. An attorney licensed in
this state shall supervise a licensed legal paraprofessional for a
period not to exceed one year after the issuance date of the
paraprofessional's initial license. The supreme court shall adopt
rules regarding the supervisory requirement under this section.
Sec. 82.155. LIMITED PRACTICE OF LAW BY LICENSED LEGAL
PARAPROFESSIONAL. (a) Except as provided by Section 82.154, a
legal paraprofessional licensed under this subchapter may
represent a client without attorney supervision in a civil suit
filed in a justice court in this state, including by:
(1) preparing, litigating, and settling the suit;
(2) communicating with an opposing party or with an
attorney representing an opposing party;
(3) perfecting an appeal of a court judgment; and
(4) administering post-judgment collections,
discovery, and receiverships.
(b) The supreme court by rule may authorize a legal
paraprofessional licensed under this subchapter to engage in
additional duties relating to the limited practice of law.
Sec. 82.156. REQUIREMENTS OF REPRESENTATION. To represent
a client under Section 82.155, a legal paraprofessional licensed
under this subchapter must:
(1) obtain a self-certification affidavit or unsworn
declaration under Chapter 132, Civil Practice and Remedies Code,
signed by the client indicating the client has low income;
(2) execute a written agreement with the client
explaining the licensed legal paraprofessional is not an attorney
and describing the limited scope of the paraprofessional's
representation; and
(3) provide the client with a brochure approved by the
state bar explaining the steps for reporting potential concerns
with the legal paraprofessional's representation or violations of
rules governing the paraprofessional's professional conduct.
SECTION 6. Subchapter C, Chapter 61, Education Code, is
amended by adding Section 61.0765 to read as follows:
Sec. 61.0765. LEGAL PARAPROFESSIONAL LICENSING PILOT
PROGRAM. (a) The board, in cooperation with the governing boards
of The University of Texas System and The Texas A&M University
System, shall establish a pilot program under which a participating
student may enroll in a one-year residential graduate degree
program at a school of law that is a component institution of either
system. The program shall serve as preparation and fulfillment of
the licensure requirements for a licensed legal paraprofessional
under Subchapter E, Chapter 82, Government Code.
(b) The board shall establish eligibility requirements for
students seeking to participate in the program, including
admissions requirements.
(c) The program must require coursework relevant to the
licensing requirements under Subchapter E, Chapter 82, Government
Code, including:
(1) courses on:
(A) constitutional law;
(B) Texas civil procedure;
(C) Texas criminal procedure;
(D) legal writing;
(E) trial advocacy; and
(F) professional responsibility; and
(2) at least six credit hours of an experiential
educational requirement fulfilled by a practical learning
simulation or experience selected by the participating school of
law.
(d) Not later than September 1, 2029, the board shall submit
to each standing committee of the legislature with jurisdiction
over higher education a report that:
(1) evaluates the effectiveness of the pilot program,
including details regarding the educational outcomes under the
program and the institutional cost of the program; and
(2) makes recommendations regarding the continuation
or expansion of the pilot program.
(e) The board may adopt rules as necessary to implement this
section.
(f) This section expires September 1, 2030.
SECTION 7. As soon as practicable after the effective date
of this Act:
(1) the Texas Supreme Court shall adopt the rules
necessary to implement this Act;
(2) the State Bar of Texas shall approve a brochure as
required under Section 82.156(3), Government Code, as added by this
Act; and
(3) the Texas Higher Education Coordinating Board
shall establish the pilot program under Section 61.0765, Education
Code, as added by this Act.
SECTION 8. 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, 2025.