Rule XIX of the Rules Governing Admission to the Bar of Texas provides the rule regarding admission for attorneys licensed in other jurisdictions who are seeking pro hac vice admission.
Eligible attorneys are not licensed in Texas but are licensed in another state and reside outside of Texas. Texas attorneys living outside of Texas and on inactive status are ineligible.
Texas does not provide an exemption for appearances before administrative agencies in Texas, courts of limited jurisdiction, depositions, or other situations where the attorney does not contemplate being physically present in a Texas court. Pro hac vice admission is required for arbitrations if a suit is on file regardless of whether the attorney contemplates actually attending a court hearing. A new pro hac vice application is required for appeals.
There is no exemption for government attorneys and non-profit entities unless the attorney is seeking a fee waiver for an indigent client.
A new application and fee must be filed in any new proceeding, which includes proceedings filed under a new cause number in any Texas court. This includes appellate courts.
Attorneys must associate with an active Texas Bar member.
Attorneys are subject the State Bar Act, the State Bar Rules, and the Texas Disciplinary Rules of Professional Conduct and are subject to the jurisdiction of the Grievance Committee for the District where the court is located.
Attorneys must submit the Application and pay the applicable nonresident attorney fee to the Board of Law Examiners. The Board may waive the fee for attorneys representing indigent clients. The Board will attempt to process the pro hac vice applications in two business days but will not process any applications during the administration of the Texas bar exam.
After the Board acknowledges the receipt of payment, attorneys must file a written, sworn motion requesting permission to appear for a particular case. The motion must include the Board’s Acknowledgement Letter and a motion from local counsel. The local counsel motion will state that the local Texas lawyer finds the attorney to be a reputable attorney and recommends that he or she be granted permission to participate in the particular proceeding before the court. The Texas court has the ultimate discretion to grant or deny the motion.