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Vernon's Texas Rules Annotated - VTRA TX R STAND ATTY CERT PT II § XXI. Legislative and Campaign Law

Current as of April 14, 2021 | Updated by FindLaw Staff

A.   Legislative and Campaign Law is the practice of law dealing with the functioning of legislative institutions, the funding and operations of campaigns for public office and on ballot measures, public integrity, the regulation and practice of professional advocacy, the funding and conduct of elections, the conduct of public officials, government transparency, appropriations, and related constitutional issues.

B.   To demonstrate substantial involvement and special competence in legislative and campaign law, applicant must meet the following minimum requirements.

1. 

a. Percentage of Practice Requirement.  Applicant must have devoted a minimum of 30% of his or her time practicing legislative and campaign law in Texas during each year of the three years immediately preceding application.

b. Task Requirements.  Applicant must provide information as required by TBLS concerning specific tasks he or she has performed in practicing legislative and campaign law in Texas.  In evaluating experience, TBLS may take into consideration the nature, complexity, and duration of the tasks handled by applicant.  Applicant must provide a detailed explanation that clearly demonstrates sufficient involvement in a substantial portion of the activities in both of the following categories within the three years immediately preceding application.

(1)   Involvement in this category includes the following activities:

(a) researching, preparing, or advising on legislative instruments, including bills, joint resolutions, resolutions to sue the state, amendments, and ordinances;

(b) researching, preparing, or advising on matters of statutory intent;

(c) advising on the law of legislative privileges and legislative immunity;

(d) researching, preparing, developing, modifying, or advising on public sector budgets through the legislative process;

(e) advising on achieving compliance with state, federal, or local lobby regulation laws;

(f) advising on legislative practice and procedure;

(g) legal challenges to any state, local, or federal law specifically related to legislative law;

(h) advocacy on behalf of clients at the Texas Ethics Commission, Federal Election Commission, other local ethics commissions, or other similar agencies;

(i) government enforcement actions, investigations, or prosecutions involving alleged violations of any state, local, or federal law specifically related to legislative law;

(j) other litigation and executive and administrative opinion processes specifically related to legislative law;

(k) advising on separation of powers and scope of delegated powers of each branch of government;  and

(l) publishing articles, presenting continuing legal education, or teaching at an institution of higher education on legislative or lobby law.

(2)   Involvement in this category includes the following activities:

(a) providing campaign finance advice for political candidates, political committees, political organizations, and public officials;

(b) providing advice on federal or state laws or regulations governing campaign or political activities by corporations or nonprofit organizations;

(c) legal challenges to any state, local, or federal law specifically related to campaign law;

(d) election contests and/or recounts;

(e) government enforcement actions, investigations, or prosecutions involving alleged violations of any state, local, or federal law specifically related to campaign law;

(f) other litigation and executive and administrative opinion process specifically related to campaign law;  and

(g) publishing articles, presenting continuing legal education, or teaching at an institution of higher education on campaign finance or election law.

2.   Applicant must have devoted a minimum of 30% of his or her time practicing legislative and campaign law in Texas during each year of the five year period of certification unless applicant meets the exception in Part I-General Requirements, Section VI, C, 1(b).

C.   Applicant must submit a minimum of five names and addresses of persons to be contacted as references to attest to his or her competence in legislative and campaign law.  These persons must be substantially involved in legislative and campaign law and be familiar with applicant's legislative and campaign law practice.

1.   Applicant must submit names of persons with whom he or she has had dealings involving legislative and campaign law matters within the three years immediately preceding application.

2.   Applicant must submit names of persons with whom he or she has had dealings involving legislative and campaign law matters since certification or the most recent recertification.

3.   At least three of the five persons must be Texas attorneys who are substantially involved in legislative and campaign law.

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Cite this article: FindLaw.com - Vernon's Texas Rules Annotated - VTRA TX R STAND ATTY CERT PT II § XXI. Legislative and Campaign Law - last updated April 14, 2021 | https://codes.findlaw.com/tx/vernon-s-texas-rules-annotated/vtra-sect-xxi/

Read this complete Vernon's Texas Rules Annotated - VTRA TX R STAND ATTY CERT PT II § XXI. Legislative and Campaign Law on Westlaw

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