Case Information
*1 The Attorney General of Texas August 10. 1903
MATTOX
Jrney General Honorable Sam 0. Hillsap. Jr. Opinion No. JM-56 ems Court Buildins Criminal District Attorney BOX 12548 Bexar County Courthouac Re: Constitutionality of Rule in. TX. 75711. 2549 San Antonio, Texa8 70205 7676. Texas Rules of Civil
175.25Ot x 9101~74.1267 Procedure copier $12~475-02SS
Dear Hr. Hillaap: Mam St. Suits 1400
You have reque6ted our opinion regarding the constitutionality of 3%1X. 75201.4709 742.9944 a rule promulgated by the Texas Supreme Court, which. In easewe.
authorizes the practice of law in a justice court by persons not lfcensed to practice. The court has promulgated Rule 747a. which Albertr Ave.. Suits 160 provides in full a8 follows: aso.TX. 79905.2793 533.p 'i' _’ forcible l niry and In c*ses for non-peyment of rent or holding over beyond Dallas A”/.. Stile 202 rental term, the parties may represent themselves s~o~.TX. 770026995 or .be,,rripresented by their agents In j504668 <. court. Broadway: SUIT 312 This rule “118 adopted in 1982.
30ch. TX. 794013479 747.5238 Article V. iection 25 of the Texas Constitution provides that: 1 N. Tenth. Suite B The Supreme Court shall have power to make and .Ikn. TX. 79501.1555 establish rules of procedure not inconsistent vith 592.4547 laws of the State for the government of said
court and the other’.courts thfs State to expedite the dispatch of business therein. hn Plaza. SlJlW 400 *nlonio. TX. 78205.2797 225.4191 The statutory corollary section 25 found in article 173111.
V.T.C.S., which gives the Texas Supreme Court “full rulemaking power in the practice and procedure in civil actions.!’
The State Bar Act, article 320~1. V.T.C.S.. prohibits persone who are not member.9 of the State Bar of Texas from practicing law, which is defined in part as:
[T]he management the actions and proceedings on behalf of clients before judges in courts.
Article 320a-I. section 19. V.T.C.S.
P. 234 *2 . (JW56) Sam D. Hillaap. Jr, - Page 2 Honorable A forcible entry and detainer suit is .a landlord tenant action filed in the court. Under the State Bar Act, the only persons as “agents” for parties ‘in such suits are licensed Sea Tax. Rblea Civil Proc. 730-755; attorneya. arts. 3973-3994, V.T.C.S. Toyhe extent that rule 74711 purports to authorize practice law by unlicensed persons, we believe that it would be held unconstitutional. Where ‘a rule the Supreme Court conflicts with a atstute. rule must yield. Paw v. Charter Oak Fire Insurance Compsny, 463 S.U.2d 424 (Tcx. 1971) (rule held invalid in workers compensation action). In our opinion. therefore, “authorized *gents” as used in Rule 747a should be construed to maan “attorney agents.” See Attorney General Opinions MW-392. MU-312 (198,l) (corporationat be represented by attorney in appeal to county court l*v in amall claims court); HW-235 (1980) (apartment manager may at file complaint in FED action but may not represent owner st hearing); note, 8 Houston Law Review 302, 317 (1970); but ace Attorney General Opinions R-974 (1977) (non-attorney, may represent party *t state administrative hearing); H-538 (1975) (non-attorney may represent corporation in small claims court). We emphaaiae. however. that Rule 74?a permits a party to represent himself in a forcible entry and action.
SUMHARY To the extent that Rule 747s. Texas’ Rules of ’ Civil Procedure authorizes the practice .of law by non-attorneys. It Invalid. Accordingly, “authorized agehta” sa used in that rule should be construed to mean “attorney *gents.” Attorney General of Texas TOM GREEN
First Assistant Attorney General
DAVID R. RICHARDS
Executive Assistant Attorney Generrl
Prepared by David Brooks
Assistant Attorney General
p. 235 *3 Ilonoreble Sam D. Hillsep, Jr. - Page 3 (JM-56)
APPROVED:
OPINION COMMITTEE
Rick Gllpin. Acting Chairman
Jon Bible
Devid Brooks
Colln Carl
Jim Hoelllnger
Nancy Sutton
i
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