HBA-ALS H.B. 1507 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1507
By: Wolens
Licensing & Administrative Procedures
3/15/1999
Introduced




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 other
certain media, if the item clearly indicates that it was not prepared by a
person licensed to practice law. 

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
81.101(c), to provide that in this chapter (State Bar), and Chapter 83
(Certain Unauthorized Practice of Law), Government Code, the practice of
law does not include the design, creation, publication, distribution or
sale of written materials, books, printed forms, Internet sites, computer
software or similar media, if the items clearly indicate that they were not
prepared by a person licensed to practice law in this state. 

SECTION 2.  Effective date: September 1, 1999. 

SECTION 3.  Emergency clause.