89R15935 AMF-D
By: Schatzline H.B. No. 5104
A BILL TO BE ENTITLED
AN ACT
relating to membership in and fees collected by the State Bar of
Texas and to disciplinary procedures for licensed attorneys.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. THE STATE BAR AND ATTORNEYS
SECTION 1.01. Section 22.004(b), Government Code, is
amended to read as follows:
(b) The supreme court from time to time may promulgate a
specific rule or rules of civil procedure, or an amendment or
amendments to a specific rule or rules, to be effective at the time
the supreme court deems expedient in the interest of a proper
administration of justice. The rules and amendments to rules
remain in effect unless and until disapproved by the legislature.
The clerk of the supreme court shall file with the secretary of
state the rules or amendments to rules promulgated by the supreme
court under this subsection and shall mail a copy of those rules or
amendments to rules to each registered member of the State Bar of
Texas and each attorney licensed to practice law in this state not
later than the 60th day before the date on which they become
effective. On receiving a written request from a member of the
legislature, the secretary of state shall provide the member with
electronic notifications when the supreme court has promulgated
rules or amendments to rules under this section.
SECTION 1.02. Section 74.024(d), Government Code, is
amended to read as follows:
(d) Any rules adopted under this section remain in effect
unless and until disapproved by the legislature. The clerk of the
supreme court shall file with the secretary of state the rules or
any amendments to the rules adopted by the supreme court under this
section and shall mail a copy of the rules and any amendments to
each registered member of the State Bar and each attorney licensed
to practice law in this state not later than the 120th day before
the date on which they become effective. The supreme court shall
allow a period of 60 days for review and comment on the rules and any
amendments. The clerk of the supreme court shall report the rules
or amendments to the rules to the next regular session of the
legislature by mailing a copy of the rules or amendments to the
rules to each elected member of the legislature on or before
December 1 immediately preceding the session.
SECTION 1.03. Section 81.012, Government Code, is amended
to read as follows:
Sec. 81.012. PURPOSES. In order that the public
responsibilities of the legal profession may be more effectively
discharged, the state bar has the following purposes:
(1) to aid the courts in carrying on and improving the
administration of justice;
(2) to advance the quality of legal services to the
public and to foster the role of the legal profession in serving the
public;
(3) to foster and maintain on the part of those engaged
in the practice of law high ideals and integrity, learning,
competence in public service, and high standards of conduct;
(4) to provide proper professional services to the
members of the state bar and the attorneys licensed to practice law
in this state;
(5) to encourage the formation of and activities of
local bar associations;
(6) to provide forums for the discussion of subjects
pertaining to the practice of law, the science of jurisprudence and
law reform, and the relationship of the state bar to the public; and
(7) to publish information relating to the subjects
listed in Subdivision (6).
SECTION 1.04. Sections 81.022(a-2), (a-3), and (a-4),
Government Code, are amended to read as follows:
(a-2) A [Any change in a] membership fee or other fee for
state bar members must be:
(1) clearly described and included in the proposed
budget; and
(2) considered by the supreme court in the state bar
budget deliberations.
(a-3) The state bar may not collect a [Except as provided by
Subsection (a-4), an increase in a] membership fee or other fee from
[for] state bar members [may not take effect] until the supreme
court:
(1) distributes the proposed fee [fee change] in
ballot form to each member of the state bar who would be required to
pay the fee and orders a vote;
(2) counts the returned ballots following the 30th day
after the date the ballots are distributed; and
(3) promulgates the proposed fee, effective
immediately, only on approval of the fee [increase] by two-thirds
[a majority] of the members of the state bar who would be required
to pay the fee [members who voted on the increase].
(a-4) The supreme court shall hold the fee referendum
described by Subsection (a-3) once each state fiscal year. If a
referendum is not held or if two-thirds of the members of the state
bar who would be required to pay the proposed fee fail to approve
the fee, the state bar may not collect the fee from state bar
members during that state fiscal year [An increase in the fee for
membership in the state bar may be made by the board of directors,
without a vote of the members of the state bar, provided that not
more than one increase may be made by the board of directors in a
six-year period and such increase shall not exceed 10 percent].
SECTION 1.05. Section 81.024(b), Government Code, is
amended to read as follows:
(b) The supreme court may:
(1) as it considers necessary, pursuant to a
resolution of the board of directors of the state bar, or pursuant
to a petition signed by at least 10 percent of the registered
members of the state bar, prepare, propose, and adopt rules or
amendments to rules for the operation, maintenance, and
administration of the state bar; and
(2) in accordance with Subchapter E-1, adopt rules,
including the Texas Disciplinary Rules of Professional Conduct and
the Texas Rules of Disciplinary Procedure, for the discipline of
state bar members and attorneys licensed to practice law in this
state.
SECTION 1.06. Section 81.029(e), Government Code, is
amended to read as follows:
(e) The executive director shall maintain the [membership]
files for state bar members and attorneys licensed to practice law
in this state and shall confer with the clerk of the supreme court
as to the maintenance of those files.
SECTION 1.07. Section 81.034, Government Code, is amended
to read as follows:
Sec. 81.034. RESTRICTION ON USE OF FUNDS. (a) Fees
collected under this chapter and other funds received by the state
bar may not be used for influencing the passage or defeat of any
legislative measure unless the measure relates to the regulation of
the legal profession, improving the quality of legal services, or
the administration of justice and the amount of the expenditure is
reasonable and necessary. This subsection does not prohibit a
member of the board of directors or an officer or employee of the
state bar from furnishing information in the person's possession
that is not confidential information to a member or committee of the
legislature on request of the member or committee.
(b) Fees the state bar collects under this chapter or other
funds the state bar receives may not be used to provide a gift,
grant, or donation to influence a judge, justice, judicial
candidate, or judicial association. A judge, justice, judicial
candidate, member of a judicial association, or descendant or
member of the household of a judge, justice, judicial candidate, or
member of a judicial association may not accept a gift, grant, or
donation from the state bar.
SECTION 1.08. Section 81.051, Government Code, is amended
to read as follows:
Sec. 81.051. BAR MEMBERSHIP NOT REQUIRED. (a) The state
bar is composed of those persons licensed to practice law in this
state who elect to become members of the state bar. A person
licensed to practice law in this state is not required to enroll in
the state bar.
(b) Bar members and attorneys licensed to practice law in
this state are subject to this chapter and to the rules adopted by
the supreme court.
(c) A [(b) Each] person licensed to practice law in this
state may [shall, not later than the 10th day after the person's
admission to practice,] enroll in the state bar by registering with
the clerk of the supreme court.
SECTION 1.09. The heading to Section 81.053, Government
Code, is amended to read as follows:
Sec. 81.053. STATUS OF CERTAIN MEMBERSHIP CLASSES AND
NONMEMBERS.
SECTION 1.10. Section 81.053, Government Code, is amended
by adding Subsection (d) to read as follows:
(d) A person licensed to practice law in this state who is
not a member of the state bar is prohibited from holding an office
of the state bar or voting in any election conducted by the state
bar.
SECTION 1.11. Sections 81.054(a), (e), (f), (g), (h), and
(j), Government Code, are amended to read as follows:
(a) Unless the collection of membership fees and other fees
for members of the state bar is prohibited as provided by Section
81.022(a-4), the [The] supreme court shall set membership fees and
other fees for members of the state bar during the court's annual
budget process under Section 81.022. The fees, except as provided
by Subsection (j) and those set for associate members, must be set
in accordance with this section and Section 81.022.
(e) The state bar by rule may adopt a system under which
membership fees are due, if applicable, on various dates during the
year. For the year in which a due date is changed, the annual fee
shall be prorated on a monthly basis so that the member pays only
that portion of the fee that is allocable to the number of months
remaining before the new expiration date. An increase in fees
applies only to fees that are payable on or after the effective date
of the increase.
(f) A person who is otherwise eligible to renew the person's
membership may renew the membership by paying the required
membership fees, if applicable, to the state bar on or before the
due date.
(g) A person whose membership has been expired for 90 days
or less may renew the membership by paying to the state bar
membership fees, if applicable, equal to 1-1/2 times the normally
required membership fees.
(h) A person whose membership has been expired for more than
90 days but less than one year may renew the membership by paying to
the state bar membership fees, if applicable, equal to two times the
normally required membership fees.
(j) Unless the collection of membership fees and other fees
for members of the state bar is prohibited as provided by Section
81.022(a-4), the [The] supreme court shall set an additional legal
services fee in an amount of $65 to be paid annually by each active
member of the state bar except as provided by Subsection (k).
Section 81.024 does not apply to a fee set under this subsection.
SECTION 1.12. The heading to Section 81.062, Government
Code, is amended to read as follows:
Sec. 81.062. [STATE BAR] ADMISSION TO PRACTICE LAW AND
RELIGIOUS BELIEF.
SECTION 1.13. Sections 81.072(b) and (c), Government Code,
are amended to read as follows:
(b) The supreme court shall establish minimum standards and
procedures for the attorney disciplinary and disability system.
The standards and procedures for processing grievances against
attorneys must provide for:
(1) classification of all grievances and
investigation of all complaints;
(2) a full explanation to each complainant on
dismissal of an inquiry or a complaint;
(3) periodic preparation of abstracts of inquiries and
complaints filed that, even if true, do or do not constitute
misconduct;
(4) an information file for each grievance filed;
(5) a system for imposing monetary sanctions against
persons who file frivolous grievances;
(6) a grievance tracking system to monitor processing
of grievances by category, method of resolution, and length of time
required for resolution;
(7) [(6)] notice by the state bar to the parties of a
written grievance filed with the state bar that the state bar has
the authority to resolve of the status of the grievance, at least
quarterly and until final disposition, unless the notice would
jeopardize an undercover investigation;
(8) [(7)] an option for a trial in a district court on
a complaint or [and] an administrative system for attorney
disciplinary and disability findings in lieu of trials in district
court, and [including] an appeal procedure to the Board of
Disciplinary Appeals or [and] the supreme court, all under the
clear and convincing [substantial] evidence rule;
(9) [(8)] an administrative system for reciprocal and
compulsory discipline;
(10) [(9)] interim suspension of an attorney posing a
threat of immediate irreparable harm to a client;
(11) [(10)] authorizing all parties to an attorney
disciplinary hearing, including the complainant, to be present at
all hearings at which testimony is taken and requiring notice of
those hearings to be given to the complainant not later than the
seventh day before the date of the hearing;
(12) [(11)] the commission adopting rules that govern
the use of private reprimands by grievance committees and that
prohibit a committee:
(A) giving an attorney more than one private
reprimand within a five-year period for a violation of the same
disciplinary rule; or
(B) giving a private reprimand for a violation:
(i) that involves a failure to return an
unearned fee, a theft, or a misapplication of fiduciary property;
or
(ii) of a disciplinary rule that requires a
prosecutor to disclose to the defense all evidence or information
known to the prosecutor that tends to negate the guilt of the
accused or mitigates the offense, including Rule 3.09(d), Texas
Disciplinary Rules of Professional Conduct; and
(13) [(12)] distribution of a voluntary survey to all
complainants urging views on grievance system experiences.
(c) In addition to the minimum standards and procedures
provided by this chapter, the supreme court, under Section 81.024
shall prepare, propose, and adopt rules it considers necessary for
disciplining, suspending, revoking the licenses of [disbarring],
and accepting resignations of attorneys.
SECTION 1.14. Section 81.076(b), Government Code, is
amended to read as follows:
(b) The commission is a standing committee of the state bar.
The commission is composed of 12 persons. Six members must be
attorneys licensed to practice law in this state, and six members
must not be attorneys. The president of the state bar appoints the
attorney members. The supreme court appoints the public members.
The public members may not have, other than as consumers, an
interest, direct or indirect, in the practice of law or the
profession of law. The supreme court may remove any member for good
cause.
SECTION 1.15. The heading to Section 81.077, Government
Code, is amended to read as follows:
Sec. 81.077. [DISBARMENT] PROCEEDINGS IN ACTION TO REVOKE
ATTORNEY LICENSE.
SECTION 1.16. Sections 81.077(a), (b), and (d), Government
Code, are amended to read as follows:
(a) The supreme court may not adopt or promulgate any rule
abrogating the right of trial by jury of an accused attorney in an
[a disbarment] action to revoke the attorney's license to practice
law in the county of the residence of the accused attorney.
(b) A [disbarment] proceeding to revoke [against] a
resident attorney's license to practice law [attorney] shall be
instituted in a district court in the county of the attorney's
residence, but the accused attorney may apply for change of venue
under Rule 257, Texas Rules of Civil Procedure.
(d) Venue in a [disbarment] proceeding to revoke [against] a
nonresident attorney's license to practice law in this state
[member of the state bar] is in a district court either in Travis
County or in any county where the alleged misconduct occurred.
SECTION 1.17. Sections 81.078(a), (c), and (d), Government
Code, are amended to read as follows:
(a) Except as provided by Subsection (b), until an attorney
has been convicted of the charges for revocation of the attorney's
license to practice law [disbarment] pending against the attorney
in a court of competent jurisdiction, the attorney may be suspended
from the practice of law only if the attorney concurs in an order of
suspension entered by the grievance committee.
(c) On proof of final conviction of any felony involving
moral turpitude or any misdemeanor involving theft, embezzlement,
or fraudulent misappropriation of money or other property, the
district court of the county of the residence of the convicted
attorney shall enter an order revoking the attorney's license to
practice law [disbarring the attorney].
(d) In an action for the revocation of an attorney's license
to practice law [to disbar any attorney] for acts made the basis of
a conviction for a felony involving moral turpitude or a
misdemeanor involving theft, embezzlement, or fraudulent
misappropriation of money or other property, the record of
conviction is conclusive evidence of the guilt of the attorney for
the crime of which the attorney [he] was convicted.
SECTION 1.18. Section 81.085, Government Code, is amended
to read as follows:
Sec. 81.085. REGULAR SEARCH OF NATIONAL LAWYER REGULATORY
DATA BANK. The chief disciplinary counsel shall establish a
process to regularly search the National Lawyer Regulatory Data
Bank maintained by the American Bar Association to identify an
attorney licensed to practice law in this state [a member of the
state bar] who is disciplined in another state.
SECTION 1.19. Section 81.0872(a), Government Code, is
amended to read as follows:
(a) The committee consists of nine members, including:
(1) three attorneys licensed to practice law in this
state appointed by the president of the state bar;
(2) one nonattorney public member appointed by the
president of the state bar;
(3) four attorneys licensed to practice law in this
state appointed by the supreme court; and
(4) one nonattorney public member appointed by the
supreme court.
SECTION 1.20. Section 81.0876(a), Government Code, is
amended to read as follows:
(a) On initiation of the process for proposing a
disciplinary rule, the committee shall:
(1) study the issue to be addressed by the proposed
rule;
(2) hold a public hearing on the issue;
(3) draft the proposed rule, which may not address
more than one subject; and
(4) make all reasonable efforts to solicit comments
from different geographic regions in this state, attorney and
nonattorney members of the public, and members of the state bar.
SECTION 1.21. The heading to Section 81.0878, Government
Code, is amended to read as follows:
Sec. 81.0878. REFERENDUM VOTE BY ATTORNEYS [STATE BAR
MEMBERS].
SECTION 1.22. Sections 81.0878(a), (b), and (d), Government
Code, are amended to read as follows:
(a) On receipt of a petition filed by the board of directors
under Section 81.0877(b), the supreme court shall:
(1) distribute a copy of the rule in ballot form to
each attorney licensed to practice law in this state and each member
of the state bar and order a vote on the rule; and
(2) publish the rule in:
(A) the Texas Register; and
(B) the Texas Bar Journal.
(b) The supreme court shall give state bar members and
attorneys licensed to practice law in this state:
(1) at least 30 days to consider a proposed
disciplinary rule before voting begins; and
(2) 30 days to vote on the proposed disciplinary rule
following the period for considering the proposed rule under
Subdivision (1).
(d) One or more proposed disciplinary rules may appear on a
single referendum ballot. State bar members and attorneys licensed
to practice law in this state shall vote for or against each rule.
If a majority of the members and attorneys who vote on the proposed
rule vote in favor of the rule, the rule is approved by the members
and attorneys [of the state bar].
SECTION 1.23. Section 81.0879, Government Code, is amended
to read as follows:
Sec. 81.0879. SUPREME COURT APPROVAL OR REJECTION. The
supreme court by majority vote may approve or reject a proposed
disciplinary rule in its entirety, but may not approve or reject
only part of the rule. If the supreme court does not vote on the
rule on or before the 120th day after the date the rule is approved
by bar members and attorneys under Section 81.0878, the rule is
considered approved by the supreme court.
SECTION 1.24. Section 81.08792, Government Code, is amended
to read as follows:
Sec. 81.08792. PROPOSED DISCIPLINARY RULE APPROVAL
REQUIRED BEFORE ADOPTION. A proposed disciplinary rule may not be
adopted by the supreme court unless the rule is approved by:
(1) the committee;
(2) the board of directors;
(3) the members of the state bar and the attorneys
licensed to practice law in this state; and
(4) the supreme court.
SECTION 1.25. Section 81.0884, Government Code, is amended
to read as follows:
Sec. 81.0884. ACCESS TO INFORMATION. The chief
disciplinary counsel, a district grievance committee, the board of
directors, the commission, [and] state bar members, and attorneys
licensed to practice law in this state shall share with the
ombudsman requested information that is necessary to:
(1) determine whether the state bar followed
procedural rules related to a particular grievance; or
(2) evaluate the system's efficacy and adequacy.
SECTION 1.26. Section 81.092(a), Government Code, is
amended to read as follows:
(a) The committee shall, either on its own initiative or on
request [when requested to do so] by a member of the state bar or an
attorney licensed to practice law in this state, express its
opinion on the propriety of professional conduct other than on a
question pending before a court of this state.
SECTION 1.27. The heading to Section 81.102, Government
Code, is amended to read as follows:
Sec. 81.102. LICENSURE [STATE BAR MEMBERSHIP] REQUIRED.
SECTION 1.28. Section 81.102(a), Government Code, is
amended to read as follows:
(a) Except as provided by Subsection (b), a person may not
practice law in this state unless the person is licensed to practice
law in this state [a member of the state bar].
SECTION 1.29. Section 81.113(c), Government Code, is
amended to read as follows:
(c) The state bar shall recognize, prepare, or administer
continuing education programs for members of the state bar and
attorneys licensed to practice law in this state. A member of the
state bar and an attorney licensed to practice law in this state
must participate in the programs to the extent required by the
supreme court to maintain the person's state bar membership or
license.
SECTION 1.30. Sections 81.115(a), (f), and (h), Government
Code, are amended to read as follows:
(a) The state bar shall create a profile of each attorney
licensed to practice law in this state [by the state bar]. The
profile must:
(1) include the information required by Subsection
(b);
(2) include the information described by Subsection
(c) if that information is provided by the attorney to the state
bar; and
(3) be compiled in a format that permits the state bar
to make the information contained in the profile available online
to the public.
(f) The state bar shall:
(1) annually provide to each attorney licensed to
practice law in this state [by the state bar] a copy of the
attorney's profile; or
(2) provide to an individual attorney a copy of the
attorney's profile on request. The state bar shall provide an
attorney one month from the date a copy of the attorney's profile is
provided to the attorney to correct factual errors in the
attorney's profile.
(h) Unless the collection of membership fees and other fees
for members of the state bar is prohibited as provided by Section
81.022(a-4), for [For] purposes of administering this section, the
state bar may collect from each member of the state bar an annual
fee of not more than $10.
SECTION 1.31. Section 81.156, Government Code, is amended
to read as follows:
Sec. 81.156. CONSTRUCTION OF SUBCHAPTER. This subchapter
may not be construed to limit or otherwise affect the authority of
the Supreme Court of Texas to regulate the practice of law, enforce
the Texas Disciplinary Rules of Professional Conduct, or discipline
persons admitted to the state bar or licensed to practice law in
this state.
SECTION 1.32. Section 82.023(a), Government Code, is
amended to read as follows:
(a) Each person intending to apply for a license to practice
law in this state [admission to the bar] must file with the Board of
Law Examiners, on a form provided by the board, a declaration of
intention to study law.
SECTION 1.33. Section 82.0361(a), Government Code, is
amended to read as follows:
(a) In this section, "nonresident attorney" means a person
who resides in and is licensed to practice law in another state but
who is not licensed to practice law in this state [a member of the
State Bar of Texas].
SECTION 1.34. Section 82.061(b), Government Code, is
amended to read as follows:
(b) An attorney may not be suspended or have the attorney's
license to practice law revoked [stricken from the rolls] for
contempt unless the contempt involves fraudulent or dishonorable
conduct or malpractice.
SECTION 1.35. The heading to Section 82.062, Government
Code, is amended to read as follows:
Sec. 82.062. REVOCATION OF LICENSE [DISBARMENT].
SECTION 1.36. Section 411.100(a-1), Government Code, is
amended to read as follows:
(a-1) The State Bar of Texas is entitled to obtain:
(1) from the department, criminal history record
information maintained by the department that relates to a person
who is a member of the state bar or is licensed to practice law in
this state; or
(2) from the Board of Law Examiners, criminal history
record information obtained under Subsection (a).
ARTICLE 2. CONFORMING CHANGES
SECTION 2.01. Article 26.044(f), Code of Criminal
Procedure, is amended to read as follows:
(f) A public defender's office must be directed by a chief
public defender who:
(1) is licensed to practice law in this state [a member
of the State Bar of Texas];
(2) has practiced law for at least three years; and
(3) has substantial experience in the practice of
criminal law.
SECTION 2.02. Article 26.047(d), Code of Criminal
Procedure, is amended to read as follows:
(d) A program under this article must have a director.
Unless the program uses a review committee appointed under
Subsection (e), a program under this article must be directed by a
person who:
(1) is licensed to practice law in this state [a member
of the State Bar of Texas];
(2) has practiced law for at least three years; and
(3) has substantial experience in the practice of
criminal law.
SECTION 2.03. Articles 26.052(d)(2) and (3), Code of
Criminal Procedure, are amended to read as follows:
(2) The standards must require that a trial attorney
appointed as lead counsel to a capital case:
(A) be licensed to practice law in this state [a
member of the State Bar of Texas];
(B) exhibit proficiency and commitment to
providing quality representation to defendants in death penalty
cases;
(C) have not been found by a federal or state
court to have rendered ineffective assistance of counsel during the
trial or appeal of any capital case, unless the local selection
committee determines under Subsection (n) that the conduct
underlying the finding no longer accurately reflects the attorney's
ability to provide effective representation;
(D) have at least five years of criminal law
experience;
(E) have tried to a verdict as lead defense
counsel a significant number of felony cases, including homicide
trials and other trials for offenses punishable as second or first
degree felonies or capital felonies;
(F) have trial experience in:
(i) the use of and challenges to mental
health or forensic expert witnesses; and
(ii) investigating and presenting
mitigating evidence at the penalty phase of a death penalty trial;
and
(G) have participated in continuing legal
education courses or other training relating to criminal defense in
death penalty cases.
(3) The standards must require that an attorney
appointed as lead appellate counsel in the direct appeal of a
capital case:
(A) be licensed to practice law in this state [a
member of the State Bar of Texas];
(B) exhibit proficiency and commitment to
providing quality representation to defendants in death penalty
cases;
(C) have not been found by a federal or state
court to have rendered ineffective assistance of counsel during the
trial or appeal of any capital case, unless the local selection
committee determines under Subsection (n) that the conduct
underlying the finding no longer accurately reflects the attorney's
ability to provide effective representation;
(D) have at least five years of criminal law
experience;
(E) have authored a significant number of
appellate briefs, including appellate briefs for homicide cases and
other cases involving an offense punishable as a capital felony or a
felony of the first degree or an offense described by Article
42A.054(a);
(F) have trial or appellate experience in:
(i) the use of and challenges to mental
health or forensic expert witnesses; and
(ii) the use of mitigating evidence at the
penalty phase of a death penalty trial; and
(G) have participated in continuing legal
education courses or other training relating to criminal defense in
appealing death penalty cases.
SECTION 2.04. Section 107.259(a), Family Code, is amended
to read as follows:
(a) An office of child representation or office of parent
representation must be directed by a chief counsel who:
(1) is licensed to practice law in this state [a member
of the State Bar of Texas];
(2) has practiced law for at least five years; and
(3) has substantial experience in the practice of
child protection law.
SECTION 2.05. Section 107.305(a), Family Code, is amended
to read as follows:
(a) Unless a program uses a review committee appointed under
Section 107.306, a program under this subchapter must be directed
by a person who:
(1) is licensed to practice law in this state [a member
of the State Bar of Texas];
(2) has practiced law for at least three years; and
(3) has substantial experience in the practice of
child welfare law.
SECTION 2.06. Section 81.0221, Government Code, is amended
to read as follows:
Sec. 81.0221. ALCOHOLIC BEVERAGES. None of the funds of the
state bar collected from membership fees or other fees [mandatory
dues] may be used for the purchase of alcoholic beverages.
SECTION 2.07. Section 154.051(a), Government Code, is
amended to read as follows:
(a) The Court Reporters Certification Advisory Board is
established as an advisory board to the commission. The advisory
board is composed of at least nine members appointed by the supreme
court as follows:
(1) one active district judge presiding over a court
that employs an official court reporter;
(2) one active attorney licensed in this state who has
been a practicing attorney in this state [member of the State Bar]
for more than the five years immediately preceding the attorney's
appointment to the advisory board;
(3) two certified shorthand reporters actively
engaged in the practice of official court reporting in this state
for more than the five years immediately preceding their
appointment to the advisory board;
(4) two certified shorthand reporters actively
engaged in the practice of shorthand reporting on a freelance basis
for more than the five years immediately preceding their
appointment to the advisory board;
(5) one certified shorthand reporter actively engaged
in practice as a captioner in this state for more than the five
years immediately preceding the captioner's appointment to the
advisory board; and
(6) two certified shorthand reporters who:
(A) own a shorthand reporting firm in this state;
and
(B) have owned and operated a shorthand reporting
firm in this state for more than the five years immediately
preceding their appointment to the advisory board.
SECTION 2.08. Sections 432.005(a) and (b), Government Code,
are amended to read as follows:
(a) The adjutant general shall appoint an officer of the
state military forces as state judge advocate general. To be
eligible for appointment, an officer must be an attorney licensed
to practice law in this state [a member of the State Bar of Texas]
for at least five years.
(b) The adjutant general shall appoint judge advocates and
legal officers on recommendation by the state judge advocate
general. To be eligible for appointment, a judge advocate or legal
officer must be an officer of the state military forces and an
attorney licensed to practice law in this state [a member of the
State Bar of Texas].
SECTION 2.09. Section 432.045(b), Government Code, is
amended to read as follows:
(b) A military judge must be a commissioned officer of the
state military forces, an attorney licensed to practice law in this
state [a member of the State Bar of Texas], and certified to be
qualified for duty as a military judge by the state judge advocate
general of the state military forces.
SECTION 2.10. Sections 432.046(b) and (c), Government Code,
are amended to read as follows:
(b) Trial counsel or defense counsel detailed for a general
court-martial must be:
(1) an attorney licensed to practice law in this state
[a member of the State Bar of Texas]; and
(2) certified as competent to perform those duties by
the state judge advocate general.
(c) In the case of a special or summary court-martial the
accused shall be afforded the opportunity to be represented at the
trial by counsel having the qualifications prescribed under
Subsection (b) unless counsel having those qualifications cannot be
obtained because of physical conditions or military exigencies. If
counsel having those qualifications cannot be obtained, the court
may be convened and the trial held, but the convening authority
shall make a detailed written statement, to be appended to the
record, stating why counsel with those qualifications could not be
obtained. If the trial counsel is qualified to act as counsel
before a general court-martial, the defense counsel detailed by the
convening authority must be a person similarly qualified. If the
trial counsel is a judge advocate or an attorney licensed to
practice law in this state [a member of the State Bar of Texas], the
defense counsel detailed by the convening authority must be a judge
advocate or an attorney licensed to practice law in this state [a
member of the State Bar of Texas].
SECTION 2.11. Section 432.109(a), Government Code, is
amended to read as follows:
(a) The Texas Court of Military Appeals consists of five
judges appointed by the adjutant general on the advice and
recommendation of the state judge advocate general for staggered
six-year terms. A judge appointed to fill a vacancy occurring
before the expiration of the term for which the judge's predecessor
was appointed shall be appointed only for the unexpired term of his
predecessor. The adjutant general, on the advice and
recommendation of the state judge advocate general, shall appoint
the chief judge of the court. A person is eligible for appointment
to the court if the person:
(1) is an attorney licensed to practice law in this
state [a member of the State Bar of Texas];
(2) is a commissioned officer of the Texas military
forces, active or retired, or a retired commissioned officer in the
reserves of the armed forces of the United States; and
(3) has been engaged in the active practice of law for
at least five years and has at least five years' experience as a
staff judge advocate, judge advocate, or legal officer with the
Texas military forces, except that the requirements of this
subdivision are satisfied by equivalent experience or practice in
the armed forces of the United States.
SECTION 2.12. Section 2501.003(2), Insurance Code, is
amended to read as follows:
(2) "Attorney" means:
(A) a person who is licensed to practice law in
this state [and is a member of the State Bar of Texas]; or
(B) a Texas professional corporation organized
to provide professional legal services.
SECTION 2.13. Section 951.051(b), Occupations Code, is
amended to read as follows:
(b) An attorney licensed to practice law in this state [A
member of the state bar] may provide legal services to a prepaid
legal services program only if the organization sponsoring the
program is approved by the board of directors.
SECTION 2.14. Section 2051.102(d), Occupations Code, is
amended to read as follows:
(d) If an applicant is an attorney [a member of the State Bar
of Texas], the application information required under Subsection
(b)(5) must include the name and address of each person who is
involved in the activities of the athlete agent. This subsection
does not require an applicant to state the name and address of a
member of a law firm or professional corporation who is not involved
in the business of the athlete agent.
ARTICLE 3. TRANSITION AND EFFECTIVE DATE
SECTION 3.01. (a) Sections 81.022(a-2), (a-3), and (a-4),
81.054(a), (e), (f), (g), (h), and (j), and 81.115(h), Government
Code, as amended by this Act, apply only to membership fees and
other fees payable to the State Bar of Texas on or after June 1,
2026. Membership fees and other fees payable to the State Bar of
Texas before June 1, 2026, are governed by the law in effect
immediately before the effective date of this Act, and the former
law is continued in effect for that purpose.
(b) As soon as practicable after the effective date of this
Act, the Supreme Court of Texas shall adopt rules necessary to
implement the changes in law made by this Act to Chapters 81 and 82,
Government Code.
SECTION 3.02. This Act takes effect September 1, 2025.