Section 1.MembersThe members of the State Bar are those persons designated in the Act.
Section 2.Enrollment in the State BarWithin ten days of being admitted to practice law in Texas, a member must file with the clerk the enrollment form prescribed by the State Bar and pay all required fees.
Section 3.Member Contact Information; Duty to Keep UpdatedA. Each member must provide to the State Bar and keep updated any contact information requested by the State Bar, including the member's: * registered mailing address;
* preferred email address;
* electronic service address; and
* telephone number.
B. If a member fails to designate an electronic service address, the member's preferred email address will be deemed to be the member's electronic service address.C. A member must update the member's registered mailing address, preferred email address, and electronic service address on the State Bar website within 30 days of a change to any address.D. Service of any notice to a member by the State Bar is deemed to be effective if the notice is sent to the member's registered mailing address or preferred email address. Section 4.Membership FeesAll membership fees are payable at the time of enrollment as a member of the State Bar and annually on the first day of the State Bar's fiscal year.
Section 5.Membership Rolls and Membership CardsUpon enrollment, the clerk will enter that person's name on the membership rolls and issue the member a bar card.
Section 6.Default in Payment of Fees or AssessmentsIf a member is in default of payment of membership fees or any assessment levied by the Court on the 30th day after the due date, the clerk will promptly notify the member of the default. If the fees and assessments are not paid within 60 days after the notice of default is mailed, the defaulting member will automatically be suspended from the practice of law. Practicing law while suspended is professional misconduct and grounds for discipline.
Section 7.Resignation from Membership Other Than in Face of Pending Disciplinary ActionA A member may resign from membership by delivering to the State Bar the following materials, addressed to the clerk: * the resignation form provided by the State Bar;
* the member's bar card or, if the card has been lost, a written statement - either sworn to before a notary or made under penalty of perjury - that the card has been lost and will be returned to the State Bar if found; and
* a certificate by the chief disciplinary counsel affirming that no disciplinary action is pending against the member and that the member is not being investigated for professional misconduct.
B. The membership records will be amended to reflect the member's resignation when the State Bar receives and verifies the materials required by (A). Section 8.Waiver of Membership FeesA. Waiver for Military Service in a Combat Zone 1. The executive director will waive or refund the membership fees of a member of the United States Armed Forces for any year in which the member serves in a combat zone designated by an executive order of the President of the United States.2. To request a waiver or refund under this subsection, a member must remit to the State Bar the form prescribed by the State Bar and all required documentation before the end of the dues year in which the member is deployed.B. Waiver for Undue Hardship 1. The legal services fee mandated by Section 81.054(j), Government Code, may not be waived under this subsection.2. The executive director may waive some or all of the remaining membership fees of any member who demonstrates undue hardship.3. Undue hardship exists when a member is unable to pay membership fees due to illness, disability, or other extraordinary circumstances beyond the member's control.4. To request a waiver under this subsection, a member must, by August 31 of each year in which a waiver is requested, remit to the State Bar: * the form provided by the State Bar;
* a written statement by the member - either sworn to before a notary or made under penalty of perjury - averring that the circumstances on which the request is based are beyond the member's control and the direct cause of the member's inability to pay membership fees.; and
* any other documentation required by the State Bar.
5. Approval of a request for a waiver under this subsection is within the sole discretion of the executive director.C. Within 30 days after a waiver is granted under this section, the State Bar will report the waiver to the clerk.Section 9.One-Time Expunction of an Administrative Suspension for Nonpayment of Membership FeesA. This section does not apply to a disciplinary suspension for professional misconduct.B. A member who meets the following criteria may request a one-time expunction of an administrative suspension for nonpayment of membership fees: 1. the member has not previously obtained an expunction under this rule;2. the suspension was for 90 days or less;3. except for the suspension that is the subject of the expunction request, the member has not previously been suspended for nonpayment of membership fees;4. the member is not currently the subject of a disciplinary proceeding or investigation; and5. the member has no record of disciplinary suspension - whether active or probated - or of prior disbarment or resignation in lieu of discipline.C. The member seeking the expunction must make a written request to the State Bar. After verifying that the member meets the criteria in (B), the State Bar will forward to the clerk the member's request and a recommendation that the member's record of suspension be expunged. The clerk will expunge the suspension from the member's record.D. A suspension expunged under this rule is deemed never to have occurred. The record of an expunction is confidential and may not be disclosed by the clerk or the State Bar. Section 10.Return to Former StatusA. When a member who has been suspended for nonpayment of fees or assessments removes the default by payment of fees or assessments then owing plus an additional amount equivalent to one-half the delinquency, the suspension will automatically be lifted and the member restored to former status. Return to former status is retroactive to inception of suspension, but does not affect any proceeding for discipline of the member for professional misconduct.B. A person who has voluntarily resigned from membership must apply to the Board of Law Examiners and comply with the rules of the Court pertaining to admission to the practice of law before resuming the practice of law.C. An inactive member may return to active status upon written application to the clerk and payment of fees for the current year.