The Attorney General of Texas
August 10. 1903
MATTOX
Jrney General
Honorable Sam 0. Hillsap. Jr. Opinion No. JM-56
ems Court Buildins
BOX 12548
Criminal District Attorney
in.TX. 75711. 2549 Bexar County Courthouac Re: Constitutionality of Rule
175.25Ot San Antonio, Texa8 70205 7676. Texas Rules of Civil
x 9101~74.1267 Procedure
copier $12~475-02SS
Dear Hr. Hillaap:
Mam St. Suits 1400
3%1X. 75201.4709 You have reque6ted our opinion regarding the constitutionality of
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
Albertr Ave.. Suits 160 lfcensed to practice. The court has promulgated Rule 747a. which
aso.TX. 79905.2793 provides in full a8 follows:
533.p 'i'
_’ In forcible l
nir y and detainer for
c*ses
Dallas A”/.. Stile 202
non-peyment of rent or holding over beyond the
s~o~.TX. 770026995 rental term, the parties may represent themselves
j504668
<.
or .be,,rripresented by their authorized agents In
justice court.
Broadway:
SUIT312 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
592.4547
establish rules of procedure not inconsistent vith
the laws of the State for the government of said
court and the other’.courts of thfs State to
hn Plaza. SlJlW 400 expedite the dispatch of business therein.
*nlonio. TX. 78205.2797
225.4191
The statutory corollary of section 25 is 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 of the actions and proceedings on
behalf of clients before judges in courts.
Article 320a-I. section 19. V.T.C.S.
P. 234
. .
Honorable Sam D. Hillaap. Jr, - Page 2 (JW56)
A forcible entry and detainer suit is .a landlord tenant action
filed in the justice court. Under the State Bar Act, the only persons
authorized as “agents” for parties ‘in such suits are licensed
attorneya. Sea Tax. Rblea of Civil Proc. 730-755; arts. 3973-3994,
V.T.C.S. Toyhe extent that rule 74711 purports to authorize the
practice of law by unlicensed persons, we believe that it would be
held unconstitutional. Where ‘a rule of the Supreme Court conflicts
with a atstute. the 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
at l*v in amall claims court); HW-235 (1980) (apartment manager may
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
detainer action.
SUMHARY
To the extent that Rule 747s. Texas’ Rules of
’ Civil Procedure authorizes the practice .of law by
non-attorneys. It is Invalid. Accordingly,
“authorized agehta” sa used in that rule should be
construed to mean “attorney *gents.”
Attorney General of Texas
TOMGREEN
First Assistant Attorney General
DAVID R. RICHARDS
Executive Assistant Attorney Generrl
Prepared by David Brooks
Assistant Attorney General
p. 235
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
.
h
Untitled Texas Attorney General Opinion
Combined Opinion