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Texas House Bill HB2624

Texas 2025 - 89th Regular

Texas House Bill HB2624 Compare Versions

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11 89R4925 AMF-F
22 By: Gervin-Hawkins H.B. No. 2624
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the licensing and regulation of certain legal
1010 paraprofessionals; requiring an occupational license; imposing
1111 fees.
1212 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1313 SECTION 1. The heading to Subtitle G, Title 2, Government
1414 Code, is amended to read as follows:
1515 SUBTITLE G. ATTORNEYS AND LEGAL PARAPROFESSIONALS
1616 SECTION 2. The heading to Subchapter E, Chapter 81,
1717 Government Code, is amended to read as follows:
1818 SUBCHAPTER E. ATTORNEY DISCIPLINE
1919 SECTION 3. Chapter 81, Government Code, is amended by
2020 adding Subchapter E-3 to read as follows:
2121 SUBCHAPTER E-3. LEGAL PARAPROFESSIONAL DISCIPLINE
2222 Sec. 81.0891. DISCIPLINARY JURISDICTION AND RULES. (a)
2323 Each legal paraprofessional admitted to practice in this state is
2424 subject to the disciplinary and disability jurisdiction of the
2525 supreme court and the Commission for Lawyer Discipline, a committee
2626 of the state bar.
2727 (b) The Committee on Disciplinary Rules and Referenda
2828 established under Subchapter E-1 shall propose and the supreme
2929 court shall adopt rules of professional conduct applicable to legal
3030 paraprofessionals under Subchapter E-1.
3131 (c) In furtherance of the supreme court's powers to
3232 supervise the conduct of legal paraprofessionals, the court shall
3333 establish disciplinary and disability procedures for legal
3434 paraprofessionals licensed by the court.
3535 SECTION 4. The heading to Chapter 82, Government Code, is
3636 amended to read as follows:
3737 CHAPTER 82. LICENSING OF ATTORNEYS AND LEGAL PARAPROFESSIONALS
3838 SECTION 5. Chapter 82, Government Code, is amended by
3939 adding Subchapter E to read as follows:
4040 SUBCHAPTER E. LICENSING OF LEGAL PARAPROFESSIONALS
4141 Sec. 82.151. SUPREME COURT RULES. (a) The supreme court
4242 may adopt rules relating to an individual's eligibility for
4343 examination for issuance of a legal paraprofessional license in a
4444 specialty described by Section 82.154 and to the manner in which the
4545 examination is conducted.
4646 (b) The supreme court shall adopt rules necessary to
4747 administer its functions relating to the licensing of legal
4848 paraprofessionals under this subchapter.
4949 Sec. 82.152. BOARD OF LAW EXAMINERS DUTIES. (a) In
5050 addition to its duties under Section 82.004, the Board of Law
5151 Examiners, acting under the instruction of the supreme court, shall
5252 examine the qualification of each candidate for licensure as a
5353 legal paraprofessional in a specialty described by Section 82.154.
5454 (b) The Board of Law Examiners may not recommend any
5555 individual for any legal paraprofessional license unless the
5656 individual demonstrates to the board, in the manner the supreme
5757 court prescribes, that the individual has the moral character and
5858 proper capacity and qualifications for licensure as a legal
5959 paraprofessional.
6060 Sec. 82.153. ELIGIBILITY REQUIREMENTS. To be eligible for
6161 licensure as a legal paraprofessional, an applicant must:
6262 (1) be at least 18 years old;
6363 (2) hold a high school diploma or high school
6464 equivalency certificate;
6565 (3) be authorized to work in the United States;
6666 (4) satisfy at least one of the following
6767 qualifications:
6868 (A) hold a paralegal certificate issued by:
6969 (i) the Board of Law Examiners;
7070 (ii) the National Association of Legal
7171 Assistants; or
7272 (iii) the National Federation of Paralegal
7373 Associations;
7474 (B) have successfully completed a paralegal
7575 education program approved by the American Bar Association or the
7676 supreme court;
7777 (C) have at least five years' employment
7878 experience as a paralegal with at least 50 percent of the
7979 applicant's workload consisting of substantive legal work; or
8080 (D) hold a bachelor's degree or a graduate or
8181 professional degree conferred by an accredited institution of
8282 higher education;
8383 (5) be of good moral character and fitness;
8484 (6) have successfully completed an examination
8585 administered by the Board of Law Examiners for a legal
8686 paraprofessional license; and
8787 (7) pay appropriate application, licensing,
8888 examination, and enrollment fees.
8989 Sec. 82.154. SPECIALTY LICENSURE. (a) An applicant for a
9090 legal paraprofessional license may apply for issuance of one or
9191 more of the following specialty licenses:
9292 (1) a legal paraprofessional license in family law;
9393 (2) a legal paraprofessional license in estate
9494 planning and probate law;
9595 (3) a legal paraprofessional license in consumer debt
9696 law;
9797 (4) a legal paraprofessional license in
9898 administrative law; or
9999 (5) a legal paraprofessional license in civil law.
100100 (b) An applicant may not apply for issuance of a general
101101 legal paraprofessional license.
102102 Sec. 82.155. PROBATIONARY PERIOD. An attorney licensed in
103103 this state shall supervise a licensed legal paraprofessional for a
104104 period not to exceed one year after the issuance date of the
105105 paraprofessional's initial license. The supreme court shall adopt
106106 rules regarding the supervisory requirement under this section.
107107 Sec. 82.156. LIMITED PRACTICE OF LAW BY LEGAL
108108 PARAPROFESSIONAL LICENSED IN FAMILY LAW. (a) Except as provided by
109109 Section 82.155 and Subsection (c), a license holder who holds a
110110 legal paraprofessional license in family law may represent a client
111111 without attorney supervision in a proceeding as authorized under
112112 Subsection (b) by:
113113 (1) advising the client about completing and filing
114114 necessary official forms; and
115115 (2) communicating with the court, an opposing party,
116116 or an attorney or legal paraprofessional representing an opposing
117117 party.
118118 (b) A license holder who holds a legal paraprofessional
119119 license in family law may represent a client only in the following
120120 proceedings:
121121 (1) an uncontested suit for dissolution of a marriage
122122 that does not involve the sale or title transfer of real property
123123 and does not involve children born or adopted of the marriage who
124124 are under 18 years of age or who are otherwise entitled to support
125125 as provided by Chapter 154, Family Code;
126126 (2) an uncontested application for a protective order
127127 under Subtitle B, Title 4, Family Code; or
128128 (3) an uncontested suit affecting the parent-child
129129 relationship, including a suit joined with an uncontested suit for
130130 dissolution of a marriage but excluding a suit filed by a
131131 governmental entity under Subtitle E, Title 5, Family Code, that
132132 involves only standard conservatorship provisions, standard
133133 possession schedules, and child support payments in an amount
134134 established by the child support guidelines under Subchapter C,
135135 Chapter 154, Family Code.
136136 (c) Notwithstanding Subsection (a), a license holder who
137137 holds a legal paraprofessional license in family law may not advise
138138 a client about preparing a qualified domestic relations order or
139139 similar order or form required for the disposition of retirement
140140 and employment benefits and other plans under Section 7.003, Family
141141 Code.
142142 Sec. 82.157. LIMITED PRACTICE OF LAW BY LEGAL
143143 PARAPROFESSIONAL LICENSED IN ESTATE PLANNING AND PROBATE LAW.
144144 Except as provided by Section 82.155, a license holder who holds a
145145 legal paraprofessional license in estate planning and probate law
146146 may represent a client without attorney supervision by:
147147 (1) advising the client about completing and filing
148148 the following forms:
149149 (A) an authorization to disclose protected
150150 health information under the Health Insurance Portability and
151151 Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.);
152152 (B) a medical power of attorney under Chapter
153153 166, Health and Safety Code;
154154 (C) a directive to physicians and family or
155155 surrogates under Chapter 166, Health and Safety Code;
156156 (D) a declaration for mental health treatment
157157 under Chapter 137, Civil Practice and Remedies Code;
158158 (E) an annual report by a guardian of a person or
159159 a declaration or affidavit for the filing of the report under
160160 Subchapter C, Chapter 1163, Estates Code;
161161 (F) a supported decision-making agreement under
162162 Chapter 1357, Estates Code;
163163 (G) a statutory durable power of attorney as
164164 provided by Subtitle P, Title 2, Estates Code;
165165 (H) a transfer on death deed under Chapter 114,
166166 Estates Code;
167167 (I) a small estate affidavit under Chapter 205,
168168 Estates Code;
169169 (J) an application for muniment of title under
170170 Chapter 257, Estates Code; or
171171 (K) any other official estate planning or probate
172172 forms;
173173 (2) communicating with a court on matters related to
174174 the annual report by a guardian of a person, a small estate
175175 affidavit, or an application for muniment of title; and
176176 (3) communicating with an opposing party or an
177177 attorney or legal paraprofessional representing an opposing party
178178 on matters related to the limited legal services described by
179179 Subdivisions (1) and (2).
180180 Sec. 82.158. LIMITED PRACTICE OF LAW BY LEGAL
181181 PARAPROFESSIONAL LICENSED IN CONSUMER DEBT LAW. Except as provided
182182 by Section 82.155, a license holder who holds a legal
183183 paraprofessional license in consumer debt law may represent a
184184 client without attorney supervision by:
185185 (1) advising the client about completing and filing
186186 official forms related to consumer debt; and
187187 (2) communicating with the court, an opposing party,
188188 or an attorney or legal paraprofessional representing an opposing
189189 party on matters related to the service described by Subdivision
190190 (1).
191191 Sec. 82.159. LIMITED PRACTICE OF LAW BY LEGAL
192192 PARAPROFESSIONAL LICENSED IN ADMINISTRATIVE LAW. Except as
193193 provided by Section 82.155, a license holder who holds a legal
194194 paraprofessional license in administrative law may represent a
195195 client without attorney supervision in certain administrative law
196196 matters, as determined by the supreme court by rule.
197197 Sec. 82.160. LIMITED PRACTICE OF LAW BY LEGAL
198198 PARAPROFESSIONAL LICENSED IN CIVIL LAW. Except as provided by
199199 Section 82.155, a license holder who holds a legal paraprofessional
200200 license in civil law may represent a client without attorney
201201 supervision in a civil suit, other than a family law case or
202202 proceeding or a probate matter or proceeding, in which the matter in
203203 controversy exceeds $200 but does not exceed $15,000, including by:
204204 (1) preparing, litigating, and settling the suit;
205205 (2) communicating with the court, an opposing party,
206206 or an attorney or legal paraprofessional representing an opposing
207207 party;
208208 (3) perfecting an appeal of a court judgment; and
209209 (4) administering post-judgment collections,
210210 discovery, and receiverships.
211211 Sec. 82.161. RULES AUTHORIZING ADDITIONAL SERVICES UNDER
212212 SPECIALTY LICENSE. The supreme court by rule may authorize a legal
213213 paraprofessional to provide additional services under the license
214214 holder's specialty license to engage in the limited practice of law
215215 under this subchapter.
216216 Sec. 82.162. REQUIREMENTS OF REPRESENTATION. To represent
217217 a client under Sections 82.156 through 82.161, a legal
218218 paraprofessional licensed under this subchapter must:
219219 (1) obtain a self-certification affidavit or unsworn
220220 declaration under Chapter 132, Civil Practice and Remedies Code,
221221 signed by the client indicating the client has low income;
222222 (2) execute a written agreement with the client
223223 explaining the licensed legal paraprofessional is not an attorney
224224 and describing the limited scope of the paraprofessional's
225225 representation, including, as applicable, an explanation of the
226226 limitation related to the amount in controversy in a civil suit, as
227227 provided by Section 82.160; and
228228 (3) provide the client with a brochure approved by the
229229 state bar explaining the steps for reporting potential concerns
230230 with the legal paraprofessional's representation or violations of
231231 rules governing the paraprofessional's professional conduct.
232232 Sec. 82.163. CONSTRUCTION OF SUBCHAPTER. Nothing in this
233233 subchapter may be construed to limit a person's ability to provide
234234 information related to the state legal system as otherwise
235235 permitted by law.
236236 SECTION 6. As soon as practicable after the effective date
237237 of this Act:
238238 (1) the Texas Supreme Court shall adopt the rules
239239 necessary to implement this Act; and
240240 (2) the State Bar of Texas shall approve a brochure as
241241 required under Section 82.162(3), Government Code, as added by this
242242 Act.
243243 SECTION 7. This Act takes effect September 1, 2025.