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.