Texas Occupations Code 1101.654 – Suspension or Revocation of License or Certificate for Unauthorized Practice of Law
(a) The commission shall suspend or revoke the license or certificate of registration of a license or certificate holder who is not a licensed attorney in this state and who, for consideration, a reward, or a pecuniary benefit, present or anticipated, direct or indirect, or in connection with the person‘s employment, agency, or fiduciary relationship as a license or certificate holder:
(1) drafts an instrument, other than a form described by § 1101.155, that transfers or otherwise affects an interest in real property; or
(2) advises a person regarding the validity or legal sufficiency of an instrument or the validity of title to real property.
(b) Notwithstanding any other law, a license or certificate holder who completes a contract form for the sale, exchange, option, or lease of an interest in real property incidental to acting as a broker is not engaged in the unauthorized or illegal practice of law in this state if the form was:
(1) adopted by the commission for the type of transaction for which the form is used;
(2) prepared by an attorney licensed in this state and approved by the attorney for the type of transaction for which the form is used; or
(3) prepared by the property owner or by an attorney and required by the property owner.
Terms Used In Texas Occupations Code 1101.654
- Contract: A legal written agreement that becomes binding when signed.
- Fiduciary: A trustee, executor, or administrator.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.