Title GV, Government Code

Sec. 79.032. ACCEPTANCE OF GIFTS, GRANTS, AND OTHER FUNDS; STATE GRANTS TEAM. (a) The commission may accept gifts, grants, and other funds from any public or private source to pay expenses incurred in performing its duties under this chapter. (b) The State Grants Team of the Gove…

Sec. 79.033. ADMINISTRATIVE ATTACHMENT; SUPPORT; BUDGET. (a) The commission is administratively attached to the Office of Court Administration of the Texas Judicial System. (b) The office of court administration shall provide administrative support services, including human resou…

Sec. 79.034. POLICIES AND STANDARDS. (a) The commission shall develop policies and standards for providing: (1) legal representation and other defense services to indigent defendants at trial, on appeal, and in postconviction proceedings; and (2) family protection services to ind…

Sec. 79.035. COUNTY REPORTING PLAN; COMMISSION REPORTS. (a) The commission shall develop a plan that establishes statewide requirements for counties relating to reporting indigent defense information and family protection services information. The plan must include provisions des…

Sec. 79.036. INDIGENT DEFENSE INFORMATION. (a) Not later than November 1 of each odd-numbered year and in the form and manner prescribed by the commission, each county shall prepare and provide to the commission: (1) a copy of all formal and informal rules and forms that describe…

Sec. 79.0365. FAMILY PROTECTION SERVICES INFORMATION. (a) Not later than November 1 of each odd-numbered year and in the form and manner prescribed by the commission, each county shall prepare and provide to the commission: (1) a copy of all formal and informal rules and forms go…

Sec. 79.037. TECHNICAL SUPPORT; GRANTS. (a) The commission shall: (1) provide technical support to: (A) assist counties in improving their systems for providing indigent defense services, including indigent defense support services; (B) assist counties in improving their systems …

Sec. 79.039. EXONERATION REPORT. (a) Each legal clinic or program in this state that is operated by a law school and that receives financial support from the commission shall submit to the commission an annual report regarding criminal cases: (1) in which the clinic or program ha…

Sec. 79.040. INDIGENT DEFENSE INFORMATION SYSTEM. (a) By entering into an interlocal contract with one or more counties under Chapter 791, the commission may participate and assist counties in the creation, implementation, operation, and maintenance of a computerized system to be…

Sec. 79.041. FAMILY PROTECTION SERVICES INFORMATION SYSTEM. (a) By entering into an interlocal contract with one or more counties under Chapter 791, the commission may participate and assist counties in the creation, implementation, operation, and maintenance of a computerized sy…

Sec. 79.042. SUCCESSION PLAN FOR CERTAIN PUBLIC DEFENDERS' OFFICES. (a) In this section, "governmental entity" has the meaning assigned by Article 26.044, Code of Criminal Procedure. (b) As a condition of a grant awarded by the commission to a regional public defender's office th…

Sec. 80.001. DELIVERY OF NOTICE OR DOCUMENT. A court, justice, judge, magistrate, or clerk may send any notice or document by a method authorized by Section 80.002(a). Added by Acts 2015, 84th Leg., R.S., Ch. 257 (S.B. 1116), Sec. 1, eff. September 1, 2015. Amended by: Acts 2023,…

Sec. 80.002. DELIVERY OF NOTICE, ORDER, OR DOCUMENT. (a) A court, justice, judge, magistrate, or clerk may send any notice or document using mail or electronic mail. This subsection applies to all civil and criminal statutes requiring delivery of a notice or document. (b) In addi…

Sec. 80.003. ELECTRONIC MAIL ADDRESS. (a) If electronic mail is used to send a notice or document and the person who will receive the notice or document is registered with the electronic filing system established under Section 72.031, as added by Chapter 1290 (H.B. 2302), Acts of…

Sec. 80.004. MAIL. (a) The definition of mail in this chapter includes: (1) first-class mail; (2) first-class United States mail; (3) ordinary or regular mail; and (4) international first-class mail. (b) The definition of mail in this chapter does not include: (1) any form of mai…

Sec. 80.005. ELECTRONIC MAIL. (a) Authorized methods of delivering a notice or document by electronic mail include: (1) electronic notice sent through the electronic filing system under Section 72.031, as added by Chapter 1290 (H.B. 2302), Acts of the 83rd Legislature, Regular Se…

Sec. 81.001. SHORT TITLE. This chapter may be cited as the State Bar Act. Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1, 1987.

Sec. 81.002. DEFINITIONS. In this chapter: (1) "State bar" means the State Bar of Texas. (2) "Executive director" means the executive director of the state bar. (3) "General counsel" means the general counsel of the state bar. (4) "Board of directors" means the board of directors…

Sec. 81.003. SUNSET PROVISION. The state bar is subject to Chapter 325 (Texas Sunset Act). Unless continued in existence as provided by that chapter, this chapter expires September 1, 2029. Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1, 1987. Amended by Acts 199…

Sec. 81.011. GENERAL POWERS. (a) The state bar is a public corporation and an administrative agency of the judicial department of government. (b) This chapter is in aid of the judicial department's powers under the constitution to regulate the practice of law, and not to the excl…

Sec. 81.012. PURPOSES. In order that the public responsibilities of the legal profession may be more effectively discharged, the state bar has the following purposes: (1) to aid the courts in carrying on and improving the administration of justice; (2) to advance the quality of l…

Sec. 81.013. SEAL. The state bar has an official seal, which may not be used for private purposes. Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1, 1987.

Sec. 81.014. SUITS. The state bar may sue and be sued in its own name. Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1, 1987.

Sec. 81.015. CONTRACTS. To carry out and promote the objectives of this chapter, the state bar may enter into contracts and do all other acts incidental to those contracts that are necessary or expedient for the administration of its affairs and for the attainment of its purposes…

Sec. 81.0151. PURCHASING. The board of directors shall adopt guidelines and procedures for purchasing that are consistent with the guidelines and procedures in Chapters 2155-2158. Purchases are subject to the ultimate review of the supreme court. The state bar shall maintain repo…

Sec. 81.016. PROPERTY. (a) The state bar may acquire by gift, bequest, devise, or other manner any interest in real or personal property. (b) The state bar may acquire, hold, lease, encumber, and dispose of real and personal property in the exercise of its powers and the performa…

Sec. 81.017. INDEBTEDNESS, LIABILITY, OR OBLIGATION. (a) An indebtedness, liability, or obligation of the state bar does not: (1) create a debt or other liability of the state or of any entity other than the state bar or any successor public corporation; or (2) create any persona…

Sec. 81.018. CONTRACTUAL OBLIGATIONS. Any bond, note, debenture, evidence of indebtedness, mortgage, deed of trust, assignment, pledge, contract, lease, agreement, or other contractual obligation owed to or by the state bar on June 11, 1979, remains in force and effect according …

Sec. 81.019. OFFICERS OF STATE BAR. (a) The officers of the state bar are the president, president-elect, and immediate past president. (b) Except as provided by Subsection (c), the officers shall be elected in accordance with rules for the election of officers and directors prep…

Sec. 81.020. BOARD OF DIRECTORS. (a) The governing body of the state bar is the board of directors. (b) The board is composed of: (1) the officers of the state bar; (2) the president, president-elect, and immediate past president of the Texas Young Lawyers Association; (3) not mo…

Sec. 81.0201. TRAINING PROGRAM FOR BOARD MEMBERS. (a) A person who is elected or appointed to and qualifies for office as a member of the board of directors may not vote, deliberate, or be counted as a member in attendance at a meeting of the board until the person completes a tr…

Sec. 81.021. OPEN MEETINGS; PUBLIC PARTICIPATION. (a) Meetings of the board of directors of the state bar are subject to Chapter 551. (b) The board of directors shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board a…

Sec. 81.0215. STRATEGIC PLAN. (a) The state bar shall develop a comprehensive, long-range strategic plan for its operations. Each even-numbered year, the state bar shall issue a plan covering five fiscal years beginning with the next odd-numbered fiscal year. (b) The strategic pl…

Sec. 81.022. ANNUAL BUDGET; PUBLIC BUDGET HEARING. (a) The executive director of the state bar shall confer with the clerk of the supreme court and shall supervise the administrative staff of the state bar in preparation of the annual budget. (a-1) In developing and approving the…

Sec. 81.0221. ALCOHOLIC BEVERAGES. None of the funds of the state bar collected from mandatory dues may be used for the purchase of alcoholic beverages. Added by Acts 1991, 72nd Leg., ch. 795, Sec. 10, eff. Sept. 1, 1991.

Sec. 81.023. AUDIT; FINANCIAL REPORT. (a) The financial transactions of the state bar are subject to audit by the state auditor in accordance with Chapter 321, Government Code. The state bar shall pay the expense of the audit. The auditor's report shall be published in the Bar Jo…

Sec. 81.024. RULES. (a) The supreme court shall promulgate the rules governing the state bar. (b) The supreme court may: (1) as it considers necessary, pursuant to a resolution of the board of directors of the state bar, or pursuant to a petition signed by at least 10 percent of …

Sec. 81.0241. ELECTRONIC TRANSMISSION OF ELECTION MATERIALS. (a) The state bar may, with the approval of the supreme court, distribute by electronic transmission ballots and related materials and receive by electronic transmission completed ballots in an election under this chapt…

Sec. 81.0242. PARTICIPATION IN ELECTIONS. The state bar, in the manner provided by the supreme court, shall: (1) promote and monitor participation of members of the state bar in elections under this chapter; and (2) report statistics regarding that participation to the supreme co…

Sec. 81.025. BAR DISTRICTS. (a) The board of directors shall from time to time reapportion the state into bar districts for electing directors from those districts or to perform any other duty imposed on the state bar by this chapter or the rules of the state bar. (b) In determin…

Sec. 81.026. COMMITTEES AND SECTIONS. (a) The board may create committees, subject to the executive committee's approval under Subchapter I, and sections as it considers advisable and necessary to carry out the purposes of this chapter. (b) This chapter does not prohibit the appo…

Sec. 81.027. REMOVAL OF DIRECTOR. (a) The board of directors may remove a director from the board at any regular meeting by resolution declaring the director's position vacant. It is a ground for removal from the board that a director: (1) does not have at the time of taking offi…

Sec. 81.028. RELATIONSHIP WITH TRADE ASSOCIATION. (a) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in…

Sec. 81.029. EXECUTIVE DIRECTOR. (a) The board of directors, by a majority vote, elects the executive director. The executive director serves at the pleasure of the board. (b) The executive director shall execute the policies and directives of the board in all state bar activitie…

Sec. 81.030. GENERAL COUNSEL. (a) The board of directors, by a majority vote, elects the general counsel of the state bar. The general counsel holds office at the pleasure of the board. (b) The general counsel must be a member of the state bar. (c) The general counsel shall perfo…

Sec. 81.031. CONFLICT OF INTEREST. (a) The executive director and the general counsel of the state bar are subject to Chapter 572. (b) A person may not serve as a member of the board of directors or as the general counsel to the state bar if the person is required to register as …