Texas Constitutional Provisions and
Civil Statutes Relating to Admission to the Bar
Constitutional Provisions
Article II
The Powers of Government
§ 1. Division of powers; three separate departments; exercise of power
properly attached to other departments
Sec. 1. The powers of the Government of the State of Texas shall be divided into
three distinct departments, each of which shall be confided to a separate body
of magistracy, to wit: Those which are Legislative to one; those which are
Executive to another, and those which are Judicial to another; and no person, or
collection of persons, being of one of these departments, shall exercise any
power properly attached to either of the others, except in the instances herein
expressly permitted.
Government Code
Title 2. Judicial Branch
Subtitle G. Attorneys
Chapter 82. Licensing of Attorneys
Subchapter A. Board of Law Examiners
§ 82.001. Board of Law Examiners.
(a) The Board of Law Examiners is composed of nine attorneys who have the
qualifications required of members of the supreme court.
(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 August 31 of
each odd-numbered year. A member is subject to removal by the supreme court as
provided by Section 82.0021.
(c) Appointments to the board shall be made without regard to the race, color,
disability, sex, religion, age, or national origin of the appointees.
§ 82.002. Conflict of Interest.
(a) In this section, “Texas trade association” means a cooperative and
voluntarily joined statewide association of business or professional competitors
in this state designed to assist its members and its industry or profession in
dealing with mutual business or professional problems and in promoting their
common interest.
(b) A person may not be a member of the Board of Law Examiners and may not be a
board employee employed in a “bona fide executive, administrative, or
professional capacity,” as that phrase is used for purposes of establishing an
exemption to the overtime provisions of the federal Fair Labor Standards Act of
1938 (29 U.S.C. Section 201 et seq.), and its subsequent amendments, if:
(1) the person is an officer, employee, or paid consultant of a Texas trade
association in the field of board interest; or
(2) the person’s spouse is an officer, manager, or paid consultant of a Texas
trade association in the field of board interest.
(b) A person may not be a member of the board or act as the general counsel to
the board if the person is required to register as a lobbyist under Chapter 305
because of the person’s activities for compensation on behalf of a profession
related to the operation of the board.
(c) A member of the board who has a financial interest, other than a remote
financial interest, in a decision pending before the board is disqualified from
participating in the decision.
§ 82.0021. Removal of Board Members.
(a) It is a ground for removal from the Board of Law Examiners that a member:
(1) does not have, at the time of taking office, the qualifications required by
Section 82.001;
(2) does not maintain during service on the board the qualifications required by
Section 82.001;
(3) is ineligible for membership under Section 82.002;
(4) cannot, because of illness or disability, discharge the member’s duties for
a substantial part of the member’s term;
(5) is absent from more than half of the regularly scheduled board meetings that
the member is eligible to attend during a calendar year without an excuse
approved by a majority vote of the board;
(6) is incompetent; or
(7) is inattentive to the member’s duties.
(b) The validity of an action of the board is not affected by the fact that it
is taken when a ground for removal of a board member exists.
(c) If the executive director of the board has knowledge that a potential ground
for removal exists, the executive director shall notify the presiding officer of
the board of the potential ground. The presiding officer shall then notify the
supreme court that a potential ground for removal exists. If the potential
ground for removal involves the presiding officer, the executive director shall
notify the next highest ranking officer of the board, who shall then notify the
supreme court that a potential ground for removal exists.
§ 82.003. Open Records and Open Meetings.
(a) Except as provided by this section, the Board of Law Examiners is subject to
Chapter 552 and Chapter 551.
(b) Examination questions that may be used in the future and examinations other
than the one taken by the person requesting it are exempt from disclosure.
(c) Board deliberations, hearings, and determinations relating to moral
character and fitness of an applicant shall be closed to the public, and records
relating to these subjects are confidential. On the written request of an
applicant, however, the applicant is entitled to:
(1) have the applicant’s character and fitness hearing open to persons
designated by the applicant; or
(2) have disclosed to the applicant records relating to the applicant’s own
moral character and fitness unless the person who supplied the information has
requested that it not be disclosed.
(d) The board shall not inquire of a person who supplies information relating to
an applicant’s moral character and fitness whether the person objects to
disclosure nor inform the person of the right to object.
(e) Board deliberations, hearings, and determinations relating to a request by
an applicant who has a disability for testing accommodations under Section
82.0272 on the bar examination shall be closed to the public, and records
relating to that subject are confidential.
§ 82.004. Board Duties.
(a) The Board of Law Examiners, acting under instructions of the supreme court
as provided by this chapter, shall determine the eligibility of candidates for
examination for a license to practice law in this state.
(b) The board shall examine each eligible candidate as to the candidate’s
qualifications to practice law.
(c) The board may not recommend any person for a license to practice law unless
the person has shown to the board, in the manner prescribed by the supreme
court, that the person is of the moral character and of the capacity and
attainment proper for that person to be licensed.
(d) On written request of an applicant who fails an examination administered by
the board, the board shall give the applicant an oral or written analysis of the
applicant’s performance on the examination. The applicant may record an oral
analysis.
(e) In each city in which an examination is administered, the board shall
provide facilities that enable persons having physical, mental, or developmental
disabilities to take the examination.
§ 82.005. Board Compensation.
(a) The supreme court shall set the compensation of each member of the Board of
Law Examiners, excluding reasonable and necessary actual expenses, at an amount
that does not exceed $30,000 a year.
(b) Subchapter B, Chapter 659, does not apply to the compensation set under this
section.
§ 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, 2017.
§ 82.007. Career Ladder; Annual Performance Evaluations.
(a) The executive director of the Board of Law Examiners or the executive
director’s designee shall develop an intraagency career ladder program. The
program shall require intraagency postings of all nonentry level positions
concurrently with any public posting.
(b) The executive director or the executive director’s designee shall develop a
system of annual performance evaluations. All merit pay for board employees must
be based on the system established under this subsection.
§ 82.0071. Equal Employment Opportunity Policy.
(a) The executive director of the Board of Law Examiners or the executive
director’s designee shall prepare and maintain a written policy statement that
implements a program of equal employment opportunity to ensure that all
personnel decisions are made without regard to race, color, disability, sex,
religion, age, or national origin.
(b) The policy statement must include:
(1) personnel policies, including policies relating to recruitment, evaluation,
selection, training, and promotion of personnel, that show the intent of the
board to avoid the unlawful employment practices described by Chapter 21, Labor
Code; and
(2) an analysis of the extent to which the composition of the board’s personnel
is in accordance with state and federal law and a description of reasonable
methods to achieve compliance with state and federal law.
(c) The policy statement must be:
(1) updated annually;
(2) reviewed by the Commission on Human Rights for compliance with Subsection
(b)(1); and
(3) filed with the governor’s office and the supreme court.
§ 82.0072. Standards of Conduct.
The executive director of the Board of Law Examiners or the executive director’s
designee shall provide to members of the board and to board employees, as often
as necessary, information regarding the requirements for office or employment
under this chapter, including information regarding a person’s responsibilities
under applicable laws relating to standards of conduct for state officers or
employees.
§ 82.0073. Separation of Responsibilities.
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.
§ 82.008. Public Information.
(a) The Board of Law Examiners shall prepare information of public interest
describing the functions of the board. The board shall make the information
available to the public and appropriate agencies.
(b) The board shall develop and implement policies that provide the public with
a reasonable opportunity to appear before the board and to speak on any issue
under the jurisdiction of the board. However, the board may prohibit public
testimony that would reveal the examination questions described by Section
82.003(b) or would relate to the moral character or fitness of an applicant for
a license.
§ 82.009. Program Accessibility.
The Board of Law Examiners shall prepare and maintain a written plan that
describes how a person who has a physical, mental, or developmental disability
can be provided reasonable access to the board’s programs.
§82.010. Training Program Required.
(a) A person who is appointed to and qualifies for office as a member of the
Board of Law Examiners may not vote, deliberate, or be counted as a member in
attendance at a meeting of the board until the person completes a training
program that complies with this section.
(b) The training program must provide the person with information regarding:
(1) the legislation that created the board;
(2) the programs operated by the board;
(3) the role and functions of the board;
(4) the rules of the board, with an emphasis on the rules that relate to
disciplinary and investigatory authority;
(5) the current budget for the board;
(6) the results of the most recent formal audit of the board;
(7) the requirements of:
(A) the open meetings law, Chapter 551;
(B) the public information law, Chapter 552;
(C) the administrative procedure law, Chapter 2001; and
(D) other laws relating to public officials, including conflict-of-interest
laws; and
(8) any applicable ethics policies adopted by the board or the Texas Ethics
Commission.
Sec. 82.011. Written Complaints.
(a) The Board of Law Examiners shall maintain a file on each written complaint
filed with the board. The file must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint was received by the board;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to the complaint;
(5) a summary of the results of the review or investigation of the complaint;
and
(6) an explanation of the reason the file was closed, if the board closed the
file without taking action other than to investigate the complaint.
(b) The board shall provide to the person filing the complaint and to each
person who is a subject of the complaint a copy of the board’s policies and
procedures relating to complaint investigation and resolution.
(c) The board, at least quarterly until final disposition of the complaint,
shall notify the person filing the complaint and each person who is a subject of
the complaint of the status of the investigation unless the notice would
jeopardize an undercover investigation.
§ 82.012. State Employee Incentive Program.
The executive director of the Board of Law Examiners or the executive director's
designee shall provide to board employees information and training on the
benefits and methods of participation in the state employee incentive program.
§ 82.013. Effective Use of Technology.
The Board of Law Examiners shall develop and implement a policy requiring the
executive director and board employees to research and propose appropriate
technological solutions to improve the board’s ability to perform its functions.
The technological solutions must:
(1) ensure that the public is able to easily find information about the board on
the Internet;
(2) ensure that persons who want to use the board’s services are able to:
(A) interact with the board through the Internet; and
(B) access any service that can be provided effectively through the Internet;
and
(3) be cost-effective and developed through the board’s planning processes.
Subchapter B. Licensing of Attorneys
§ 82.021. Supreme Court Authority.
Only the supreme court may issue licenses to practice law in this state as
provided by this chapter. The power may not be delegated.
§ 82.022. Supreme Court Rulemaking.
(a) The supreme court may adopt rules on eligibility for examination for a
license to practice law and on the manner in which the examination is conducted.
The rules may include:
(1) provisions to ensure:
(A) good moral character of each candidate for a license;
(B) adequate prelegal study and attainment; and
(C) adequate study of the law for at least two years, covering the course of
study prescribed by the supreme court or the equivalent of that course;
(2) the legal topics to be covered by the course of study and by the
examination;
(3) the times and places for holding the examination;
(4) the manner of conducting the examination;
(5) the grades necessary for licensing; and
(6) any other matter consistent with this chapter desirable to make the issuance
of a license to practice law evidence of good character and fair capacity and
attainment and proficiency in the knowledge of law.
(b) The supreme court shall adopt rules necessary to administer its functions
and to govern the administration of the Board of Law Examiners’ functions
relating to the licensing of lawyers.
(c) The supreme court may adopt rules relating to the nonrenewal of the license
of a lawyer who is in default on a loan guaranteed under Chapter 57, Education
Code, by the Texas Guaranteed Student Loan Corporation.
§ 82.023. Declaration of Intention to Study Law.
(a) Each person intending to apply for 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.
(b) The form for the declaration must clearly identify those conditions of
character and fitness set out in Section 82.027 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
on or before January 1 of the year in which the student begins law school, not
later than August 1 of the following year, of the board’s decision as to the
student’s acceptable character and fitness. The board shall notify all other
declarants not later than the 270th day after the date the declaration was filed
whether or not it has determined that the declarant has acceptable character and
fitness.
(d) If the board determines that an applicant does not have acceptable character
and fitness, the notice of the decision must be accompanied by an analysis of
the character investigation that specifies in detail the results of the
investigation. The analysis must include an objective list of actions the
applicant may take to become qualified for a license to practice law.
(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 a treatment
facility for evaluation.
(f) If the board determines that an applicant suffers from chemical dependency,
the board shall assist the applicant in working with the Lawyers’ Assistance
Program of the State Bar of Texas or a similar program of the state bar.
(g) In this section:
(1) “Chemical dependency” has the meaning assigned by Section 82.038.
(2) “Treatment facility” has the meaning assigned by Section 462.001, Health and
Safety Code.
§ 82.024. Law Study Requirements; Eligibility for Examination.
A person who has completed the prescribed study in an approved law school has
satisfied the law study requirements for taking the examination for a license to
practice law and is eligible to take the bar examination. An approved law school
is one that is approved by the supreme court for the time period designated by
the court as maintaining the additional standards to retain approval.
§ 82.0241. Unaccredited Schools of Law.
All matters relating to licensing of persons who were enrolled at unaccredited
schools of law in this state are within the exclusive jurisdiction of the
Supreme Court of the State of Texas.
§ 82.0242. Law Study Requirement for Certain Students.
(a) Notwithstanding any other provision of law, the law study requirement for
taking the bar examination is satisfied and a person is eligible to take the bar
examination if the person has pursued the study of law at an approved law school
or schools and has satisfied all requirements for graduation with a J.D. degree
or its equivalent, other than completing the final 12 semester hours or the
equivalent of 12 semester hours in quarter hours required for graduation.
(b) Any person qualifying to take the bar examination under Subsection (a) may
not be licensed to practice law until graduation or until satisfying all
requirements for graduation.
(c) If a person described by Subsection (a) has not graduated with a J.D. degree
or satisfied all requirements for graduation within two years from the date that
the person satisfactorily completes all parts of the bar examination, the
person’s examination scores are void.
(d) This section expires September 1, 2004.
(§ 82.025; repealed effective September 1, 2003.)
(§ 82.026; repealed effective September 1, 1991.)
§ 82.027. Application for Examination.
(a) Each applicant to take a bar examination must file an application with the
Board of Law Examiners not later than the 180th day before the first day of the
examination for which the person is applying.
(b) The application consists of a verified affidavit stating that since the
filing of 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) is not mentally ill;
(3) has not been charged with fraud in any legal proceeding; and
(4) has not been involved in civil litigation or 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 60th day
after the deadline prescribed by Subsection (a) on payment of applicable late
fees.
(d) The filing deadlines and late fees do not apply to an applicant who failed
the preceding bar examination. Any such applicant may take the next examination
administered on filing an application with the board and paying the required
examination fees not later than the date established by supreme court rule.
§ 82.0271. Residency or Citizenship Status of Applicant.
A person who has applied to take the bar examination may not be denied admission
to the bar examination based on the applicant’s lack of:
(1) permanent residency in the United States; or
(2) United States citizenship.
§ 82.0272. Testing Accommodations for Applicants with Disabilities.
An applicant who has a physical, mental, or developmental disability may request
that the Board of Law Examiners provide testing accommodations on the bar
examination. An applicant whose request is denied may appeal the decision to a
committee appointed by, and composed of three or more members of, the board.
§ 82.028. Moral Character and Fitness of Applicant.
(a) The Board of Law Examiners may conduct an investigation of the moral
character and fitness of each applicant for a license.
(b) The board may contract with public or private entities for investigative
services relating to the moral character and fitness of applicants.
(c) The board may not recommend denial of a license and the supreme court may
not deny a license to an applicant because of a deficiency in the applicant’s
moral character or fitness unless:
(1) the board finds a clear and rational connection between a character trait of
the applicant and the likelihood that the applicant would injure a client or
obstruct the administration of justice if the applicant were licensed to
practice law; or
(2) the board finds a clear and rational connection between the applicant’s
present mental or emotional condition and the likelihood that the applicant will
not discharge properly the applicant’s responsibilities to a client, a court, or
the legal profession if the applicant is licensed to practice law.
(d) The board shall limit its investigation under this section to those areas
clearly related to the applicant’s moral character and present fitness to
practice law.
(Former § 82.029; repealed effective September 1, 1993.)
§ 82.029. Release of Bar Examination Results.
(a) On request of a law school that is conducting research on the achievement of
the law school’s students or graduates on the Texas bar examination, the Board
of Law Examiners shall provide the law school with information concerning the
results of a bar examination and the achievement of particular applicants on the
examination, including examination results disaggregated by section or portion
of the examination and any relevant statistics related to the results of the
examination.
(b) An applicant may request that the board not release the applicant’s identity
to a law school that requests information under Subsection (a). The board shall
grant the applicant’s request if the applicant:
(1) sends the request to the board by certified mail or a comparable mailing
method that provides proof of delivery; and
(2) makes the request before the applicant takes the bar examination.
(c) A law school that receives information from the board under Subsection (a)
is subject to any restriction on the release of the information under federal or
state law.
(d) Notwithstanding any other law, information that the board provides to a law
school under Subsection (a) is confidential and may not be disclosed under any
law related to open records or public information.
§ 82.0291. Report on Applicants Who Fail Examination.
(a) The Board of Law Examiners shall compile a report indicating the number of
applicants who fail the July 2004 bar examination. The data shall be aggregated
by gender, ethnicity, and race. The report shall also include an analysis of the
identifiable causes of failure and recommendations, if any, to address the
causes of failure. The board shall deliver the report to the legislature not
later than December 31, 2004.
(b) This section expires January 1, 2005.
§ 82.030. Board Assessment of Moral Character and Fitness.
(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 affidavit required by Section 82.027 and the board’s
investigation into the accuracy and completeness of the affidavit.
(b) If the board determines that the applicant does not have the requisite good
moral character and fitness, the board, not later than the 150th day after the
day on which the application is filed, shall furnish the applicant an analysis
of the character investigation that specifies in detail the results of the
investigation. The analysis must include an objective list of actions the
applicant may take to become qualified for a license to practice law.
(c) If the board determines that an applicant may suffer from chemical
dependency, the board shall require the applicant to submit to a treatment
facility for evaluation.
(d) If the board determines that an applicant suffers from chemical dependency,
the board shall assist the applicant in working with the Lawyers’ Assistance
Program of the State Bar of Texas or a similar program of the state bar.
(e) The board may not deny an applicant the opportunity to take the bar
examination solely because the applicant:
(1) suffers or appears to suffer from chemical dependency; or
(2) has been convicted of or is on community supervision for a first offense of
operating a motor vehicle while intoxicated under Section 49.04, Penal Code, or
intoxication assault committed while operating a motor vehicle under Section
49.07, Penal Code.
(f) In this section, “treatment facility” has the meaning assigned by Section
462.001, Health and Safety Code.
(g) Subject to supreme court adoption by rule, the board shall define “chemical
dependency.”
(§ 82.031; repealed effective September 1, 2003.)
(§ 82.032; repealed effective September 1, 2003.)
§ 82.033. Fees.
(a) The supreme court shall set the fee for the investigation of the moral
character and fitness of each candidate at an amount that does not exceed $150.
The candidate must pay the investigation fee to the Board of Law Examiners at
the time it is requested by the board.
(b) The supreme court shall set the fee for any examination given by the board
at an amount that does not exceed $150. The candidate must pay the fee to the
board at the time the candidate applies for examination.
(c) The supreme court may set an application fee for foreign attorneys at an
amount that does not exceed $700.
(d) The supreme court may set reasonable fees for additional services provided
by the board, but the fee for any single additional service may not exceed $150.
(e) The fees set by the supreme court must be sufficient to pay all costs of the
board, including staff salaries, compensation to members of the board, and costs
of investigation and administering the examinations, so that state general
revenue funds are not necessary to operate the board.
(f) The board may adopt rules that provide for waiving or lowering for indigent
persons a fee required by this section.
§ 82.034. Use of Funds.
Fees received by the Board of Law Examiners shall be deposited in a fund
established by the supreme court. The fund may be used only to administer the
functions of the supreme court and the board relating to the licensing of
lawyers. The fund shall be used as directed by the supreme court and under
supreme court rules.
§ 82.035. Audit; Financial Report.
(a) The financial transactions of the Board of Law Examiners are subject to
audit by the state auditor in accordance with Chapter 321.
(b) The board shall file annually with the supreme court, the governor, and the
presiding officer of each house of the legislature a complete and detailed
written report accounting for all funds received or disbursed by the board
during the preceding fiscal year. The annual report must be in the form and
reported in the time provided by the General Appropriations Act.
§ 82.036. Foreign Attorneys.
The supreme court shall make such rules and regulations as to admitting
attorneys from other jurisdictions to practice law in this state as it shall
deem proper and just. All such attorneys shall be required to furnish
satisfactory proof as to good moral character.
§ 82.0361. Nonresident Attorney Fee
(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 a member of the State
Bar of Texas.
(b) Except as provided by Subsection (e), a nonresident attorney requesting
permission to participate in proceedings in a court in this state shall pay a
fee of $250 for each case in which the attorney is requesting to participate.
The attorney shall pay the fee to the Board of Law Examiners before filing with
the applicable court a motion requesting permission to participate in
proceedings in that court as provided by rules adopted by the supreme court.
(c) Fees under this section shall be collected in the same manner as other fees
collected by the Board of Law Examiners. The board shall remit the fees
collected under this section to the comptroller not later than the 10th day
after the end of each calendar quarter.
(d) The comptroller shall deposit the fees received under this section to the
credit of the basic civil legal services account of the judicial fund for use in
programs approved by the supreme court that provide basic civil legal services
to the indigent.
(e) The supreme court may adopt rules to waive or reduce the fee required by
this section for a nonresident attorney who seeks to represent an indigent
person in proceedings in a court in this state.
(f) A nonresident attorney who files a motion requesting permission to
participate in proceedings in a court in this state shall provide to that court
proof of payment of the fee required by this section. The supreme court by rule
shall prescribe the method of proof.
§ 82.037. Oath of Attorney.
(a) Each person admitted to practice law shall, before receiving a license, take
an oath that the person will:
(1) support the constitutions of the United States and this state;
(2) honestly demean himself in the practice of law; and
(3) discharge the attorney’s duty to his client to the best of the attorney’s
ability.
(b) The oath shall be endorsed on the license, subscribed by the person taking
the oath, and attested by the officer administering the oath.
§ 82.038. Probationary License for Applicant Suffering from Chemical Dependency.
(a) If, after a moral character and fitness assessment, the Board of Law
Examiners determines that the applicant suffers from chemical dependency, the
board shall notify the applicant of its determination and of the applicant’s
rights under this section.
(b) To obtain judicial review of the board’s determination that the applicant
suffers from chemical dependency, an applicant must file a petition in the
district court of Travis County before the 60th day after the date that the
board delivers notice of its determination. The petition must name the board as
a defendant and be served on the executive director of the board. Before the
date on which the applicant may obtain a default judgment against the board, the
board shall file with the district court a certified record of the proceedings
before the board.
(c) A party is not entitled to a jury in a judicial review of the board’s
determination that an applicant suffers from chemical dependency. The court may
not substitute its judgment for that of the board as to the weight of the
evidence on questions submitted to the board’s discretion but shall affirm the
board’s decision if the decision is reasonably supported by substantial evidence
in view of the reliable and probative evidence in the record as a whole.
(d) The board may not deny a person who successfully takes the bar examination a
probationary license to practice law solely because the person:
(1) suffers from chemical dependency; or
(2) has been convicted of or is on community supervision for a first offense of
operating a motor vehicle while intoxicated under Section 49.04, Penal Code, or
intoxication assault committed while operating a motor vehicle under Section
49.07, Penal Code.
(e) The board shall specify the conditions of a probationary license to practice
law, which must be designed to protect the public from the potential harm the
person might cause. Conditions of a probationary license may include one or more
of the following:
(1) prohibiting the person from using alcohol or controlled substances;
(2) treatment for chemical dependency;
(3) supervision of the person’s work by a licensed attorney;
(4) submissions to periodic drug testing;
(5) periodic reporting by the person to the board; or
(6) suspension, for a portion of the probationary period, of an activity for
which a license to practice law is required.
(f) A probationary license issued under this section expires on the second
anniversary of the date on which the license is issued. A person who holds a
probationary license may apply for a renewal of the probationary license or for
a regular license to practice law. The board, after redetermination of the
character and fitness of a person who holds a probationary license, may
recommend to the supreme court that it grant the person a regular license to
practice law. The redetermination must include an evaluation of the person by a
treatment facility. The board may not recommend to the supreme court that the
person be granted a regular license to practice law unless the board finds that
the person has successfully completed treatment and has been free from chemical
dependency for the preceding two years.
(g) The supreme court shall adopt rules under which the board and the State Bar
of Texas jointly develop and fund a program for evaluation and referral to
treatment for persons who have been issued a probationary license under this
section.
(h) A probationary license may be immediately revoked if the person violates a
condition of probation imposed by the board.
(i) On request, the board in coordination with the State Bar of Texas shall
inform a member of the public whether a particular person holds a probationary
license. Any information that forms the basis for the issuance of the
probationary license is confidential.
(j) In this section:
(1) “Chemical dependency” has the meaning provided by supreme court rule adopted
under Section 82.030.
(2) “Controlled substance,” “treatment facility,” and “treatment” have the
meanings assigned by Section 462.001, Health and Safety Code.
Title 4. Executive Branch
Subtitle B. Law Enforcement and Public Protection
Chapter 411. Department of Public Safety of the State of Texas
§ 411.081. Application of Subchapter
(i) A criminal justice agency may
disclose criminal history record information that is the subject of an order of
nondisclosure to the following noncriminal justice agencies or entities only:
* * * *
(5) the Board of Law Examiners
* * * *
§ 411.100. Access to Criminal History Record Information: Board of Law
Examiners
(a) The Board of Law Examiners is entitled to obtain from the department
criminal history record information maintained by the department that relates to
a person who is an applicant to take a bar examination.
(b) Criminal history record information obtained by the board under Subsection
(a) may not be released or disclosed to any person, except on court order or
with consent of the applicant.
(c) Immediately following the board’s decision on recommending an applicant, the
board shall collect and seal all criminal history record information obtained by
the board that relates to that applicant.
Rulebook
since August 29, 2003
Last modified
08/17/11 10:31 AM
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