By: Watson, Hinojosa, Taylor of Collin  S.B. No. 303          (In the Senate - Filed February 24, 2017; February 27, 2017,   read first time and referred to Committee on State Affairs;   March 29, 2017, reported adversely, with favorable Committee   Substitute by the following vote:  Yeas 8, Nays 0; March 29, 2017,   sent to printer.)Click here to see the committee vote     COMMITTEE SUBSTITUTE FOR S.B. No. 303 By:  Hughes     A BILL TO BE ENTITLED   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.  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 6.  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 7.  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 8.  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 9.  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 10.  Sections 82.023(g) and 82.030(f), Government   Code, are repealed.          SECTION 11.  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 12.  (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 13.  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 14.  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 15.  This Act takes effect September 1, 2017.     * * * * *