Rule XVI
Probationary Licenses
Amendment
to Rule XVI, effective January 1, 2012
(a) The Board shall have the authority to grant conditional approval of the
present good moral character and fitness of an Applicant and to recommend the
granting of a Probationary License, after the Applicant meets all other
requirements under these Rules, in the following circumstances:
(1) when the Board determines that
the Applicant suffers from chemical dependency or has been convicted of, or is
on probation for, a first offense of driving while intoxicated under Texas Penal
Code §49.04; or
(2) in other circumstances in
which, on the record before it, the Board determines that the protection of the
public requires the temporary monitoring of the Applicant in question.
(b) The Board shall not have the authority to refuse to recommend the
granting of a Probationary License to an Applicant who has passed the applicable
bar examination solely because the Applicant suffers from chemical dependency or
has been convicted for a first offense for driving while intoxicated under Texas
Penal Code §49.04.
(c) In any order recommending the issuance of a Probationary License to
practice law, the Board shall specify the conditions of the license, which may
include, but are not limited to, the following:
(1) prohibiting the use of alcohol
or controlled substances;
(2) requiring treatment for
chemical dependency;
(3) requiring the individual to
practice law under the supervision of an attorney admitted to the Texas Bar;
(4) requiring submission to
periodic, random drug testing;
(5) requiring the individual to
report periodically to the Board;
(6) requiring suspension, for any
portion of the probationary period, of an activity for which a license to
practice law is required;
(7) requiring the individual to
reside continuously in Texas during the period of the Probationary License,
unless for good cause shown, the Board waives such requirement; or
(8) requiring the individual to
take specific actions designed to cure or end any deficiencies in his or her
moral character and fitness, as determined by the Board.
(d) Probationary Licenses shall expire as follows:
(1) A Probationary License issued
solely because of the Board’s determination that the individual suffers from
chemical dependency shall expire on the second anniversary of the date on which
it is issued, unless temporarily extended hereunder.
(2) Any other Probationary License
shall expire on the date specified by the Board in the Order recommending
issuance of the Probationary License, unless temporarily extended hereunder.
(3) The term of a Probationary
License may be temporarily extended, upon the request of the Probationary
Licensee, in the event that the normal expiration date falls before the Board
has had the opportunity to make a redetermination as provided hereunder.
(e) A Probationary Licensee may apply for a renewal of the Probationary
License or for a regular license to practice law, by filing a written request
and a Supplemental Investigation Form and the requisite fees, at least sixty
(60) days prior to the expiration date of the Probationary License.
(f) The Board shall require any Probationary Licensee issued a Probationary
License because of a determination of chemical dependency, prior to the
redetermination hearing, to submit to an evaluation, at the sole cost of the
Probationary Licensee, by a treatment facility approved by the Board.
(g) After a hearing held subject to the provisions of Rule XV herein on the
redetermination of the character and fitness of a Probationary Licensee, the
Board may:
(1) recommend, upon a finding of
the requisite good moral character and fitness, the issuance of a regular
license to practice law in Texas; provided, however, that in any case in which a
Probationary License was issued on the basis of chemical dependency, the Board
shall not recommend the Probationary Licensee for regular admission until the
Board finds that the Probationary Licensee has successfully completed treatment
and has been free from chemical dependency for the preceding two years;
(2) recommend, upon a finding that
a condition of the Probationary License has been violated:
(A)
extension of the Probationary License; or
(B)
termination or immediate revocation of the Probationary License.
(h) The Board shall initiate and maintain a working relationship with the
Lawyers Assistance Program or similar program of the State Bar of Texas in order
to provide for the evaluation and referral to treatment for those persons issued
a Probationary License hereunder. The treatment and professional evaluation
shall be at the sole expense of the Probationary Licensee.
(i) A person whose Probationary License has been terminated or revoked upon
recommendation by the Board must begin the licensure process anew in accordance
with the Board order recommending such termination or revocation if the person
wishes to attempt re-licensure.
Rulebook
since August 29, 2003
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