HBA-MPA, ALS H.B. 1507 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 1507 By: Wolens Licensing & Administrative Procedures 6/30/1999 Enrolled BACKGROUND AND PURPOSE Texas law prohibits the unauthorized practice of law. A federal court in Dallas has held that the sale of a software product constituted the unauthorized practice of law, as defined in the Government Code. H.B.1507 exempts from the definition of practicing law the creation, publication, sale, or distribution of books, Internet sites, computer software, or certain other media, if the item clearly and conspicuously states that it is not a substitute for the advice of an attorney. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 81.101, Government Code, by adding Subsection (c), to provide that in this chapter (State Bar), the practice of law does not include the design, creation, publication, distribution, display, or sale, including publication, distribution, display, or sale by means of an Internet web site, of written materials, books, forms, computer software, or similar products, if the products clearly and conspicuously state that they are not a substitute for the advice of an attorney. Provides that this subsection does not authorize the use of the products or similar media in violation of Chapter 83 (Certain Unauthorized Practice of Law), Government Code, and does not affect the applicability or enforceability of that chapter. SECTION 2.Emergency clause. Effective date: upon passage.