| 1 | 1 | | 89R15485 BCH-D |
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| 2 | 2 | | By: Bumgarner H.B. No. 4260 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to a prohibition on the practice of law in certain courts |
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| 10 | 10 | | by a county commissioner or a county judge. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 82.064, Government Code, is amended by |
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| 13 | 13 | | amending Subsections (b) and (c) and adding Subsection (d) to read |
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| 14 | 14 | | as follows: |
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| 15 | 15 | | (b) A county judge [or county clerk] who is licensed to |
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| 16 | 16 | | practice law may not appear and practice as an attorney at law in: |
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| 17 | 17 | | (1) any court in the county where the county judge |
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| 18 | 18 | | serves; or |
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| 19 | 19 | | (2) any other county or justice court except in cases |
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| 20 | 20 | | over which the court in which the judge [or clerk] serves has |
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| 21 | 21 | | neither original nor appellate jurisdiction. |
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| 22 | 22 | | (c) A county clerk who is licensed to practice law may not |
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| 23 | 23 | | appear and practice as an attorney at law in the supreme court, the |
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| 24 | 24 | | court of criminal appeals, a court of appeals, [or] a district |
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| 25 | 25 | | court, or any county or justice court unless the court in which the |
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| 26 | 26 | | clerk serves has neither original nor appellate jurisdiction. |
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| 27 | 27 | | (d) A county commissioner who is licensed to practice law |
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| 28 | 28 | | may not appear and practice as an attorney at law in any court of |
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| 29 | 29 | | appeals, district court, county court, or justice court with |
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| 30 | 30 | | jurisdiction in the county the county commissioner serves. |
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| 31 | 31 | | SECTION 2. Sections 171.010(c) and (d), Local Government |
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| 32 | 32 | | Code, are repealed. |
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| 33 | 33 | | SECTION 3. The changes in law made by this Act apply only to |
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| 34 | 34 | | an action or proceeding filed on or after the effective date of this |
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| 35 | 35 | | Act. An action or proceeding filed before the effective date of |
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| 36 | 36 | | this Act is governed by the law in effect on the date the action or |
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| 37 | 37 | | proceeding was filed, and the former law is continued in effect for |
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| 38 | 38 | | that purpose. |
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| 39 | 39 | | SECTION 4. This Act takes effect September 1, 2025. |
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