Bill Text: TX SB303 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to the continuation and functions of the Board of Law Examiners.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2017-06-09 - Effective on 9/1/17 [SB303 Detail]
Download: Texas-2017-SB303-Enrolled.html
S.B. No. 303 |
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relating to the continuation and functions of the Board of Law | ||
Examiners. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 82.001(b), Government Code, is amended | ||
to read as follows: | ||
(b) The supreme court shall appoint the members of the board | ||
for staggered six-year terms, with the terms of one-third of the | ||
members expiring May [ |
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member is subject to removal by the supreme court as provided by | ||
Section 82.0021. | ||
SECTION 2. Section 82.006, Government Code, is amended to | ||
read as follows: | ||
Sec. 82.006. SUNSET PROVISION. The Board of Law Examiners | ||
is subject to Chapter 325 (Texas Sunset Act). Unless continued in | ||
existence as provided by that chapter, the board is abolished | ||
September 1, 2029 [ |
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SECTION 3. Section 82.0073, Government Code, is amended to | ||
read as follows: | ||
Sec. 82.0073. SEPARATION OF RESPONSIBILITIES; DELEGATION. | ||
(a) The Board of Law Examiners shall develop and implement | ||
policies that clearly separate the policymaking responsibilities | ||
of the board and the management responsibilities of the executive | ||
director and the staff of the board. | ||
(b) Subject to supreme court rules, the Board of Law | ||
Examiners may delegate routine decisions to the executive director | ||
of the board, including waiver requests. | ||
SECTION 4. Section 82.010, Government Code, is amended by | ||
amending Subsection (b) and adding Subsection (c) to read as | ||
follows: | ||
(b) The training program must provide the person with | ||
information regarding: | ||
(1) the law governing board operations [ |
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(2) the programs, functions, rules, and budget of | ||
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the board; | ||
(4) [ |
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(A) laws relating to [ |
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disclosing conflicts of interest [ |
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(B) [ |
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state policymaking body in performing their duties [ |
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(5) [ |
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the board or the Texas Ethics Commission. | ||
(c) The executive director of the Board of Law Examiners | ||
shall create a training manual that includes the information | ||
required by Subsection (b). The executive director shall | ||
distribute a copy of the training manual annually to each member of | ||
the board. On receipt of the training manual, each member of the | ||
board shall sign and submit to the executive director a statement | ||
acknowledging receipt of the training manual. | ||
SECTION 5. Section 82.022, Government Code, is amended by | ||
adding Subsection (a-1) to read as follows: | ||
(a-1) In adopting rules on eligibility for examination for a | ||
license to practice law, the supreme court shall ensure that no rule | ||
violates Chapter 110, Civil Practice and Remedies Code. | ||
SECTION 6. Sections 82.023(b), (c), and (e), Government | ||
Code, are amended to read as follows: | ||
(b) The form for the declaration must clearly identify those | ||
conditions of character and fitness [ |
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that may be investigated by the board and that may result in the | ||
denial of the declarant's application to take the examination. | ||
(c) The board shall notify each first-year law student who | ||
files the declaration not later than the date established by | ||
supreme court rule [ |
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character and fitness. The board shall notify all other declarants | ||
not later than the date established by supreme court rule [ |
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or not it has determined that the declarant has acceptable | ||
character and fitness. | ||
(e) If the board determines that an applicant may suffer | ||
from chemical dependency, the board shall require the applicant to | ||
meet with representatives of the Lawyers' Assistance Program of the | ||
State Bar of Texas or a similar program of the state bar and may | ||
require the applicant to submit to [ |
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evaluation by a licensed mental health professional designated by | ||
this board. The board may seek advice and consultation from the | ||
Lawyers' Assistance Program of the State Bar of Texas or a similar | ||
program of the state bar in designating mental health professionals | ||
qualified to conduct evaluations of declarants who may suffer from | ||
chemical dependency. | ||
SECTION 7. Sections 82.027(a), (b), and (c), Government | ||
Code, are amended to read as follows: | ||
(a) Each applicant to take a bar examination must file an | ||
application with the Board of Law Examiners not later than the date | ||
established by supreme court rule and pay the fee established by | ||
supreme court rule [ |
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(b) The application must include a statement certifying | ||
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the applicant's original declaration of intention to study law, the | ||
applicant: | ||
(1) has not been formally charged with any violation | ||
of law, excluding: | ||
(A) cases that have been dismissed for reasons | ||
other than technical defects in the charging instrument; | ||
(B) cases in which the applicant has been found | ||
not guilty; | ||
(C) minor traffic violations; | ||
(D) cases in which the record of arrest or | ||
conviction was expunged by court order; | ||
(E) pardoned offenses; and | ||
(F) Class C misdemeanors; | ||
(2) [ |
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proceeding; and | ||
(3) [ |
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bankruptcy proceedings that reasonably bear on the applicant's | ||
fitness to practice law. | ||
(c) On a showing of good cause or to prevent hardship, the | ||
board may permit an applicant to file an application with the board | ||
not later than the date established by supreme court rule [ |
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on payment of applicable late fees established by supreme court | ||
rule. | ||
SECTION 8. Sections 82.030(a) and (c), Government Code, are | ||
amended to read as follows: | ||
(a) The Board of Law Examiners shall assess each applicant's | ||
moral character and fitness based on: | ||
(1) the investigation of character and fitness | ||
performed after the filing of the declaration of intention to study | ||
law; and | ||
(2) the filing of the application [ |
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by Section 82.027 and the board's investigation into the accuracy | ||
and completeness of the application [ |
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(c) If the board determines that an applicant may suffer | ||
from chemical dependency, the board shall require the applicant to | ||
submit to [ |
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mental health professional designated by the board. The board may | ||
seek advice and consultation from the Lawyers' Assistance Program | ||
of the State Bar of Texas or a similar program of the state bar in | ||
designating mental health professionals qualified to conduct | ||
evaluations of applicants who may suffer from chemical dependency. | ||
SECTION 9. Section 82.033(d), Government Code, is amended | ||
to read as follows: | ||
(d) The supreme court may set reasonable fees for additional | ||
services provided by the board, but the fee for any single | ||
additional service, other than the late fee for an examination | ||
application, may not exceed $150. | ||
SECTION 10. Subchapter B, Chapter 82, Government Code, is | ||
amended by adding Section 82.039 to read as follows: | ||
Sec. 82.039. LICENSING GUIDELINES. (a) To assist the | ||
Board of Law Examiners in making consistent and fair determinations | ||
related to the licensing of attorneys in this state, the board shall | ||
develop specific guidelines for: | ||
(1) determining the moral character and fitness of | ||
license applicants; | ||
(2) overseeing probationary license holders; and | ||
(3) granting waiver requests. | ||
(b) The Board of Law Examiners shall develop the guidelines | ||
required under Subsection (a) based on the board's past decisions | ||
and on any other criteria the board considers necessary. The board | ||
is not required to take any specific action provided in the | ||
guidelines. | ||
SECTION 11. Sections 82.023(g) and 82.030(f), Government | ||
Code, are repealed. | ||
SECTION 12. Section 82.001, Government Code, as amended by | ||
this Act, applies only to members appointed to the Board of Law | ||
Examiners on or after September 1, 2017. | ||
SECTION 13. (a) Except as provided by Subsection (b) of | ||
this section, Section 82.010, Government Code, as amended by this | ||
Act, applies to a member of the Board of Law Examiners appointed | ||
before, on, or after the effective date of this Act. | ||
(b) A member of the Board of Law Examiners who, before the | ||
effective date of this Act, completed the training program required | ||
by Section 82.010, Government Code, as that law existed before the | ||
effective date of this Act, is required to complete additional | ||
training only on subjects added by this Act to the training program | ||
as required by Section 82.010, Government Code, as amended by this | ||
Act. A board member described by this subsection may not vote, | ||
deliberate, or be counted as a member in attendance at a meeting of | ||
the board held on or after December 1, 2017, until the member | ||
completes the additional training. | ||
SECTION 14. As soon as practicable after the effective date | ||
of this Act, the Texas Supreme Court shall modify the rules | ||
necessary to implement the changes in license application | ||
requirements made under Section 82.027, Government Code, as amended | ||
by this Act. | ||
SECTION 15. Section 82.027, Government Code, as amended by | ||
this Act, applies only to an application to take the state bar | ||
examination that is submitted to the Board of Law Examiners on or | ||
after September 1, 2017. | ||
SECTION 16. This Act takes effect September 1, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 303 passed the Senate on | ||
April 4, 2017, by the following vote: Yeas 30, Nays 1; | ||
May 25, 2017, Senate refused to concur in House amendments and | ||
requested appointment of Conference Committee; May 26, 2017, House | ||
granted request of the Senate; May 28, 2017, Senate adopted | ||
Conference Committee Report by the following vote: Yeas 30, | ||
Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 303 passed the House, with | ||
amendments, on May 16, 2017, by the following vote: Yeas 146, | ||
Nays 0, one present not voting; May 26, 2017, House granted request | ||
of the Senate for appointment of Conference Committee; | ||
May 27, 2017, House adopted Conference Committee Report by the | ||
following vote: Yeas 145, Nays 1, two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
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Governor |