HBA-CBW H.B. 1420 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1420
By: Jones, Jesse
Judicial Affairs
3/13/2001
Introduced



BACKGROUND AND PURPOSE 

The Texas Department on Aging (department) provides a variety of services
to Texas residents 60 years of age or older.  However, the department is
prohibited from rendering legal advice and consultation to the people they
serve under the "practice of law" provision in the statutes.   House Bill
1420 provides that the definition of  "practice of law" does not apply to
legal advice, consultation, or other legal assistance rendered by an
employee or volunteer of an area agency on aging affiliated with the
department.  

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. 

ANALYSIS

House Bill 1420 amends the Government Code to provide  that the definition
of   "practice of law" does not include advice, consultation, or document
completion assistance provided by an employee or volunteer of an area
agency on aging affiliated with the Texas Department on Aging who has
received training in providing advice, consultation, or assistance to a
client of the agency regarding a medical power of attorney or other advance
directive, a durable power of attorney under the Durable Power of Attorney
Act, or a designation of guardian before need arises.  

EFFECTIVE DATE

September 1, 2001.