S.B. No. 303
 
 
 
 
AN ACT
  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 [August] 31 of each odd-numbered year. A
  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 [2017].
         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 [legislation
  that created the board];
               (2)  the programs, functions, rules, and budget of
  [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;
               (4) [(7)]  the requirements of:
                     (A)  laws relating to [the] open meetings, [law,
  Chapter 551;
                     [(B)  the] public information, [law, Chapter 552;
                     [(C)  the] administrative procedure, and
  disclosing conflicts of interest [law, Chapter 2001]; and
                     (B) [(D)]  other laws applicable to members of a
  state policymaking body in performing their duties [relating to
  public officials, including conflict-of-interest laws]; and
               (5) [(8)]  any applicable ethics policies adopted by
  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 [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 not later than the date established by
  supreme court rule [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 date established by supreme court rule [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.
         (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 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 [not later than the 180th day before the first
  day of the examination for which the person is applying].
         (b)  The application must include a statement certifying 
  [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
               (3) [(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 date established by supreme court rule [not later
  than the 60th day after the deadline prescribed by Subsection (a)]
  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 [affidavit] required
  by Section 82.027 and the board's investigation into the accuracy
  and completeness of the application [affidavit].
         (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 by a licensed
  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
 
 
  ______________________________ 
            Governor