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Texas House Bill HB2707

Texas 2025 - 89th Regular

Texas House Bill HB2707 Compare Versions

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11 89R4920 AMF-D
22 By: Gervin-Hawkins H.B. No. 2707
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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;
9999 (5) a legal paraprofessional license in civil law; or
100100 (6) a legal paraprofessional license in criminal law.
101101 (b) An applicant may not apply for issuance of a general
102102 legal paraprofessional license.
103103 Sec. 82.155. PROBATIONARY PERIOD. An attorney licensed in
104104 this state shall supervise a licensed legal paraprofessional for a
105105 period not to exceed one year after the issuance date of the
106106 paraprofessional's initial license. The supreme court shall adopt
107107 rules regarding the supervisory requirement under this section.
108108 Sec. 82.156. LIMITED PRACTICE OF LAW BY LEGAL
109109 PARAPROFESSIONAL LICENSED IN FAMILY LAW. (a) Except as provided by
110110 Section 82.155 and Subsection (c), a license holder who holds a
111111 legal paraprofessional license in family law may represent a client
112112 without attorney supervision in a proceeding as authorized under
113113 Subsection (b) by:
114114 (1) advising the client about completing and filing
115115 necessary official forms; and
116116 (2) communicating with the court, an opposing party,
117117 or an attorney or legal paraprofessional representing an opposing
118118 party.
119119 (b) A license holder who holds a legal paraprofessional
120120 license in family law may represent a client only in the following
121121 proceedings:
122122 (1) an uncontested suit for dissolution of a marriage
123123 that does not involve the sale or title transfer of real property
124124 and does not involve children born or adopted of the marriage who
125125 are under 18 years of age or who are otherwise entitled to support
126126 as provided by Chapter 154, Family Code;
127127 (2) an uncontested application for a protective order
128128 under Subtitle B, Title 4, Family Code; or
129129 (3) an uncontested suit affecting the parent-child
130130 relationship, including a suit joined with an uncontested suit for
131131 dissolution of a marriage but excluding a suit filed by a
132132 governmental entity under Subtitle E, Title 5, Family Code, that
133133 involves only standard conservatorship provisions, standard
134134 possession schedules, and child support payments in an amount
135135 established by the child support guidelines under Subchapter C,
136136 Chapter 154, Family Code.
137137 (c) Notwithstanding Subsection (a), a license holder who
138138 holds a legal paraprofessional license in family law may not advise
139139 a client about preparing a qualified domestic relations order or
140140 similar order or form required for the disposition of retirement
141141 and employment benefits and other plans under Section 7.003, Family
142142 Code.
143143 Sec. 82.157. LIMITED PRACTICE OF LAW BY LEGAL
144144 PARAPROFESSIONAL LICENSED IN ESTATE PLANNING AND PROBATE LAW.
145145 Except as provided by Section 82.155, a license holder who holds a
146146 legal paraprofessional license in estate planning and probate law
147147 may represent a client without attorney supervision by:
148148 (1) advising the client about completing and filing
149149 the following forms:
150150 (A) an authorization to disclose protected
151151 health information under the Health Insurance Portability and
152152 Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.);
153153 (B) a medical power of attorney under Chapter
154154 166, Health and Safety Code;
155155 (C) a directive to physicians and family or
156156 surrogates under Chapter 166, Health and Safety Code;
157157 (D) a declaration for mental health treatment
158158 under Chapter 137, Civil Practice and Remedies Code;
159159 (E) an annual report by a guardian of a person or
160160 a declaration or affidavit for the filing of the report under
161161 Subchapter C, Chapter 1163, Estates Code;
162162 (F) a supported decision-making agreement under
163163 Chapter 1357, Estates Code;
164164 (G) a statutory durable power of attorney as
165165 provided by Subtitle P, Title 2, Estates Code;
166166 (H) a transfer on death deed under Chapter 114,
167167 Estates Code;
168168 (I) a small estate affidavit under Chapter 205,
169169 Estates Code;
170170 (J) an application for muniment of title under
171171 Chapter 257, Estates Code; or
172172 (K) any other official estate planning or probate
173173 forms;
174174 (2) communicating with a court on matters related to
175175 the annual report by a guardian of a person, a small estate
176176 affidavit, or an application for muniment of title; and
177177 (3) communicating with an opposing party or an
178178 attorney or legal paraprofessional representing an opposing party
179179 on matters related to the limited legal services described by
180180 Subdivisions (1) and (2).
181181 Sec. 82.158. LIMITED PRACTICE OF LAW BY LEGAL
182182 PARAPROFESSIONAL LICENSED IN CONSUMER DEBT LAW. Except as provided
183183 by Section 82.155, a license holder who holds a legal
184184 paraprofessional license in consumer debt law may represent a
185185 client without attorney supervision by:
186186 (1) advising the client about completing and filing
187187 official forms related to consumer debt; and
188188 (2) communicating with the court, an opposing party,
189189 or an attorney or legal paraprofessional representing an opposing
190190 party on matters related to the service described by Subdivision
191191 (1).
192192 Sec. 82.159. LIMITED PRACTICE OF LAW BY LEGAL
193193 PARAPROFESSIONAL LICENSED IN ADMINISTRATIVE LAW. Except as
194194 provided by Section 82.155, a license holder who holds a legal
195195 paraprofessional license in administrative law may represent a
196196 client without attorney supervision in certain administrative law
197197 matters, as determined by the supreme court by rule.
198198 Sec. 82.160. LIMITED PRACTICE OF LAW BY LEGAL
199199 PARAPROFESSIONAL LICENSED IN CIVIL LAW. Except as provided by
200200 Section 82.155, a license holder who holds a legal paraprofessional
201201 license in civil law may represent a client without attorney
202202 supervision in a civil suit, other than a family law case or
203203 proceeding or a probate matter or proceeding, in which the matter in
204204 controversy exceeds $200 but does not exceed $15,000, including by:
205205 (1) preparing, litigating, and settling the suit;
206206 (2) communicating with the court, an opposing party,
207207 or an attorney or legal paraprofessional representing an opposing
208208 party;
209209 (3) perfecting an appeal of a court judgment; and
210210 (4) administering post-judgment collections,
211211 discovery, and receiverships.
212212 Sec. 82.161. LIMITED PRACTICE OF LAW BY LEGAL
213213 PARAPROFESSIONAL LICENSED IN CRIMINAL LAW. (a) In this section,
214214 "nonviolent misdemeanor" means an offense punishable by fine only.
215215 The term does not include an offense under:
216216 (1) Chapter 20, 21, 22, 25, 42, 43, 46, or 71, Penal
217217 Code;
218218 (2) Section 49.04(d), Penal Code; or
219219 (3) Section 49.06, Penal Code.
220220 (b) Except as provided by Section 82.155, a license holder
221221 who holds a legal paraprofessional license in criminal law may
222222 represent a client who is charged with a nonviolent misdemeanor
223223 without attorney supervision by:
224224 (1) advising the client about completing and filing
225225 necessary official forms;
226226 (2) advocating for the client in pretrial proceedings;
227227 and
228228 (3) communicating with the court or the prosecuting
229229 attorney.
230230 Sec. 82.162. RULES AUTHORIZING ADDITIONAL SERVICES UNDER
231231 SPECIALTY LICENSE. The supreme court by rule may authorize a legal
232232 paraprofessional to provide additional services under the license
233233 holder's specialty license to engage in the limited practice of law
234234 under this subchapter.
235235 Sec. 82.163. REQUIREMENTS OF REPRESENTATION. To represent
236236 a client under Sections 82.156 through 82.162, a legal
237237 paraprofessional licensed under this subchapter must:
238238 (1) obtain a self-certification affidavit or unsworn
239239 declaration under Chapter 132, Civil Practice and Remedies Code,
240240 signed by the client indicating the client has low income;
241241 (2) execute a written agreement with the client
242242 explaining the licensed legal paraprofessional is not an attorney
243243 and describing the limited scope of the paraprofessional's
244244 representation, including, as applicable, an explanation of the
245245 limitation related to the amount in controversy in a civil suit, as
246246 provided by Section 82.160; and
247247 (3) provide the client with a brochure approved by the
248248 state bar explaining the steps for reporting potential concerns
249249 with the legal paraprofessional's representation or violations of
250250 rules governing the paraprofessional's professional conduct.
251251 Sec. 82.164. CONSTRUCTION OF SUBCHAPTER. Nothing in this
252252 subchapter may be construed to limit a person's ability to provide
253253 information related to the state legal system as otherwise
254254 permitted by law.
255255 SECTION 6. As soon as practicable after the effective date
256256 of this Act:
257257 (1) the Texas Supreme Court shall adopt the rules
258258 necessary to implement this Act; and
259259 (2) the State Bar of Texas shall approve a brochure as
260260 required under Section 82.163(3), Government Code, as added by this
261261 Act.
262262 SECTION 7. This Act takes effect September 1, 2025.