Definitions and General Provisions
(a) Frequently used terms are defined as follows:
(1) “Applicant” shall mean a person
who files with the Board any Application or Re-Application to take the Texas Bar
Examination, to be admitted without examination, or for Certification as a
Foreign Legal Consultant.
(2) “Application” shall mean an
Application or Re-Application to take the Texas Bar Examination, to be admitted
without examination to the Texas Bar, or for Certification as a Foreign Legal
(3) “Approved law school” shall
mean a law school approved by the American Bar Association.
(4) “Board” shall mean the Board of
(5) “Chemical dependency” shall
mean substance abuse or dependency as defined by the American Psychiatric
Association in the Diagnostic and Statistical Manual DSM-IV-TR and any
subsequent revisions thereof.
(6) “Controlled substance” shall
have the meaning assigned by Section 462.001, Health and Safety Code.
(7) “Declarant” shall mean a person
who files with the Board a Declaration of Intention to Study Law.
(8) “Declaration” shall mean a
Declaration of Intention to Study Law.
(9) “State” shall mean any state or
territory of the United States, as well as the District of Columbia.
(10) “Supreme Court” shall mean the
Supreme Court of Texas.
(11) “Texas Bar Examination” shall
mean the full bar examination.
(12) “Treatment” shall have the
meaning assigned by Section 462.001, Texas Health and Safety Code.
(13) “Treatment facility” shall
have the meaning assigned by Section 462.001, Texas Health and Safety Code.
(14) “Valid law license” shall
mean, unless otherwise specified in written policy adopted by the Board, an
active law license under which the licensee, at all times during the period of
practice for which credit is sought and at the time of filing a Texas
application, has been entitled to engage lawfully in the practice of law in the
jurisdiction which issued the license.
(b) The terms “admitted,” “admitted to the Bar,” “admitted to the Texas Bar,”
“licensed,” and “licensed to practice law in Texas” are used interchangeably in
(c) If any completed document required to be filed hereunder is placed, along
with all required fees, in a postpaid envelope properly addressed to the Board
and then deposited in a post office or official depository under the care and
custody of the United States Postal Service, such document shall be deemed
timely filed if the envelope bears a legible U.S. Postal Service postmark which
is dated on or before the applicable deadline date.
(d) The Board shall not disclose to any third party any information obtained
with respect to the character or fitness of any Applicant, Declarant, or
probationary licensee, except:
(1) upon written authority of such
Applicant or Declarant, or probationary licensee;
(2) in response to a valid subpoena
from a court of competent jurisdiction; or
(3) to the Office of the
Counsel of the State Bar of Texas or to the Texas Unauthorized Practice of Law
since August 29, 2003