89R4920 AMF-D
By: Gervin-Hawkins H.B. No. 2707
A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of certain legal
paraprofessionals; 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 RULES. (a) The supreme court
may adopt rules relating to an individual's eligibility for
examination for issuance of a legal paraprofessional license in a
specialty described by Section 82.154 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 in a specialty described by Section 82.154.
(b) The Board of Law Examiners may not recommend any
individual for any 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. SPECIALTY LICENSURE. (a) An applicant for a
legal paraprofessional license may apply for issuance of one or
more of the following specialty licenses:
(1) a legal paraprofessional license in family law;
(2) a legal paraprofessional license in estate
planning and probate law;
(3) a legal paraprofessional license in consumer debt
law;
(4) a legal paraprofessional license in
administrative law;
(5) a legal paraprofessional license in civil law; or
(6) a legal paraprofessional license in criminal law.
(b) An applicant may not apply for issuance of a general
legal paraprofessional license.
Sec. 82.155. 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. 82.156. LIMITED PRACTICE OF LAW BY LEGAL
PARAPROFESSIONAL LICENSED IN FAMILY LAW. (a) Except as provided by
Section 82.155 and Subsection (c), a license holder who holds a
legal paraprofessional license in family law may represent a client
without attorney supervision in a proceeding as authorized under
Subsection (b) by:
(1) advising the client about completing and filing
necessary official forms; and
(2) communicating with the court, an opposing party,
or an attorney or legal paraprofessional representing an opposing
party.
(b) A license holder who holds a legal paraprofessional
license in family law may represent a client only in the following
proceedings:
(1) an uncontested suit for dissolution of a marriage
that does not involve the sale or title transfer of real property
and does not involve children born or adopted of the marriage who
are under 18 years of age or who are otherwise entitled to support
as provided by Chapter 154, Family Code;
(2) an uncontested application for a protective order
under Subtitle B, Title 4, Family Code; or
(3) an uncontested suit affecting the parent-child
relationship, including a suit joined with an uncontested suit for
dissolution of a marriage but excluding a suit filed by a
governmental entity under Subtitle E, Title 5, Family Code, that
involves only standard conservatorship provisions, standard
possession schedules, and child support payments in an amount
established by the child support guidelines under Subchapter C,
Chapter 154, Family Code.
(c) Notwithstanding Subsection (a), a license holder who
holds a legal paraprofessional license in family law may not advise
a client about preparing a qualified domestic relations order or
similar order or form required for the disposition of retirement
and employment benefits and other plans under Section 7.003, Family
Code.
Sec. 82.157. LIMITED PRACTICE OF LAW BY LEGAL
PARAPROFESSIONAL LICENSED IN ESTATE PLANNING AND PROBATE LAW.
Except as provided by Section 82.155, a license holder who holds a
legal paraprofessional license in estate planning and probate law
may represent a client without attorney supervision by:
(1) advising the client about completing and filing
the following forms:
(A) an authorization to disclose protected
health information under the Health Insurance Portability and
Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.);
(B) a medical power of attorney under Chapter
166, Health and Safety Code;
(C) a directive to physicians and family or
surrogates under Chapter 166, Health and Safety Code;
(D) a declaration for mental health treatment
under Chapter 137, Civil Practice and Remedies Code;
(E) an annual report by a guardian of a person or
a declaration or affidavit for the filing of the report under
Subchapter C, Chapter 1163, Estates Code;
(F) a supported decision-making agreement under
Chapter 1357, Estates Code;
(G) a statutory durable power of attorney as
provided by Subtitle P, Title 2, Estates Code;
(H) a transfer on death deed under Chapter 114,
Estates Code;
(I) a small estate affidavit under Chapter 205,
Estates Code;
(J) an application for muniment of title under
Chapter 257, Estates Code; or
(K) any other official estate planning or probate
forms;
(2) communicating with a court on matters related to
the annual report by a guardian of a person, a small estate
affidavit, or an application for muniment of title; and
(3) communicating with an opposing party or an
attorney or legal paraprofessional representing an opposing party
on matters related to the limited legal services described by
Subdivisions (1) and (2).
Sec. 82.158. LIMITED PRACTICE OF LAW BY LEGAL
PARAPROFESSIONAL LICENSED IN CONSUMER DEBT LAW. Except as provided
by Section 82.155, a license holder who holds a legal
paraprofessional license in consumer debt law may represent a
client without attorney supervision by:
(1) advising the client about completing and filing
official forms related to consumer debt; and
(2) communicating with the court, an opposing party,
or an attorney or legal paraprofessional representing an opposing
party on matters related to the service described by Subdivision
(1).
Sec. 82.159. LIMITED PRACTICE OF LAW BY LEGAL
PARAPROFESSIONAL LICENSED IN ADMINISTRATIVE LAW. Except as
provided by Section 82.155, a license holder who holds a legal
paraprofessional license in administrative law may represent a
client without attorney supervision in certain administrative law
matters, as determined by the supreme court by rule.
Sec. 82.160. LIMITED PRACTICE OF LAW BY LEGAL
PARAPROFESSIONAL LICENSED IN CIVIL LAW. Except as provided by
Section 82.155, a license holder who holds a legal paraprofessional
license in civil law may represent a client without attorney
supervision in a civil suit, other than a family law case or
proceeding or a probate matter or proceeding, in which the matter in
controversy exceeds $200 but does not exceed $15,000, including by:
(1) preparing, litigating, and settling the suit;
(2) communicating with the court, an opposing party,
or an attorney or legal paraprofessional representing an opposing
party;
(3) perfecting an appeal of a court judgment; and
(4) administering post-judgment collections,
discovery, and receiverships.
Sec. 82.161. LIMITED PRACTICE OF LAW BY LEGAL
PARAPROFESSIONAL LICENSED IN CRIMINAL LAW. (a) In this section,
"nonviolent misdemeanor" means an offense punishable by fine only.
The term does not include an offense under:
(1) Chapter 20, 21, 22, 25, 42, 43, 46, or 71, Penal
Code;
(2) Section 49.04(d), Penal Code; or
(3) Section 49.06, Penal Code.
(b) Except as provided by Section 82.155, a license holder
who holds a legal paraprofessional license in criminal law may
represent a client who is charged with a nonviolent misdemeanor
without attorney supervision by:
(1) advising the client about completing and filing
necessary official forms;
(2) advocating for the client in pretrial proceedings;
and
(3) communicating with the court or the prosecuting
attorney.
Sec. 82.162. RULES AUTHORIZING ADDITIONAL SERVICES UNDER
SPECIALTY LICENSE. The supreme court by rule may authorize a legal
paraprofessional to provide additional services under the license
holder's specialty license to engage in the limited practice of law
under this subchapter.
Sec. 82.163. REQUIREMENTS OF REPRESENTATION. To represent
a client under Sections 82.156 through 82.162, 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, including, as applicable, an explanation of the
limitation related to the amount in controversy in a civil suit, as
provided by Section 82.160; 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.
Sec. 82.164. CONSTRUCTION OF SUBCHAPTER. Nothing in this
subchapter may be construed to limit a person's ability to provide
information related to the state legal system as otherwise
permitted by law.
SECTION 6. 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; and
(2) the State Bar of Texas shall approve a brochure as
required under Section 82.163(3), Government Code, as added by this
Act.
SECTION 7. This Act takes effect September 1, 2025.