GOVERNMENT CODE

CHAPTER 83. CERTAIN UNAUTHORIZED PRACTICE OF LAW


	§ 83.001.  PROHIBITED ACTS.  (a)  A person, other than a 
person described in Subsection (b), may not charge or receive, 
either directly or indirectly, any compensation for all or any part 
of the preparation of a legal instrument affecting title to real 
property, including a deed, deed of trust, note, mortgage, and 
transfer or release of lien.
	(b)  This section does not apply to:                                           
		(1)  an attorney licensed in this state;                                      
		(2)  a licensed real estate broker or salesperson 
performing the acts of a real estate broker pursuant to Chapter 
1101, Occupations Code;  or
		(3)  a person performing acts relating to a transaction 
for the lease, sale, or transfer of any mineral or mining interest 
in real property.
	(c)  This section does not prevent a person from seeking 
reimbursement for costs incurred by the person to retain a licensed 
attorney to prepare an instrument.

Added by Acts 1989, 71st Leg., ch. 2, § 8.43(a), eff. Aug. 28, 
1989.  Amended by Acts 1989, 71st Leg., ch. 115, § 1, eff. Aug. 
28, 1989;  Acts 2003, 78th Leg., ch. 1276, § 14A.776, eff. Sept. 
1, 2003.


	§ 83.002.  EXPENSES.  This chapter does not prevent an 
attorney from paying secretarial, paralegal, or other ordinary and 
reasonable expenses necessarily and actually incurred by the 
attorney for the preparation of legal instruments.

Added by Acts 1989, 71st Leg., ch. 2, § 8.43(a), eff. Aug. 28, 
1989.     


	§ 83.003.  FORMS.  This chapter does not prevent a person 
from completing lease or rental forms that:
		(1)  have been prepared by an attorney licensed in this 
state and approved by the attorney for the particular kind of 
transaction involved; or
		(2)  have been prepared by the property owner or 
prepared by an attorney and required by the property owner.

Added by Acts 1989, 71st Leg., ch. 2, § 8.43(a), eff. Aug. 28, 
1989.     


	§ 83.004.  CUMULATIVE REMEDIES.  This chapter is not 
exclusive and does not limit or restrict the definition of the 
practice of law in the State Bar Act (Chapter 81).  This chapter 
does not limit or restrict any remedy provided in the State Bar Act 
or any other law designed to eliminate the unauthorized practice of 
law by lay persons and lay agencies.

Added by Acts 1989, 71st Leg., ch. 2, § 8.43(a), eff. Aug. 28, 
1989.     


	§ 83.005.  RECOVERY.  A person who pays a fee prohibited 
by this chapter may bring suit for and is entitled to:
		(1)  recovery of the fee paid;                                                
		(2)  damages equal to three times the fee paid; and                           
		(3)  court costs and reasonable and necessary 
attorney's fees.              

Added by Acts 1989, 71st Leg., ch. 2, § 8.43(a), eff. Aug. 28, 
1989.     


	§ 83.006.  UNAUTHORIZED PRACTICE OF LAW.  A violation of 
this chapter constitutes the unauthorized practice of law and may 
be enjoined by a court of competent jurisdiction.

Added by Acts 1989, 71st Leg., ch. 2, § 8.43(a), eff. Aug. 28, 
1989.