Texas Op. 705 reaffirms ABA 512 and explicitly permits per-use AI subscription pass-through with client agreement.

The Professional Ethics Committee for the State Bar of Texas issued Opinion 705 in February 2025, reaffirming the ABA Op. 512 baseline under the Texas Disciplinary Rules of Professional Conduct. Two operational additions to the pillar matter for Texas-domiciled firms and any matter handled by a Texas-licensed attorney.

First, the per-use AI subscription pass-through. Opinion 705 holds: "If the lawyer pays per use for a particular generative AI program, the lawyer may be able to collect those expenses from the client, as allowed by law." [S04] The rule is more explicit than ABA Op. 512's general overhead-or-charge framework — Texas names the per-use posture directly and ties the right to recover those expenses to client agreement and applicable law. The Texas-grade clause names the per-use posture and the writing requirement on the face of the engagement letter.

Second, the hourly-billing rule under Texas Rules. Opinion 705 restates the bedrock principle: "A lawyer who has undertaken to bill on an hourly basis is never justified in charging a client for hours not actually expended." [S04] The Texas Disciplinary Rules of Professional Conduct apply, not the Model Rules. Opinion 705 identifies Rule 1.01 (Competence), Rule 1.05 (Confidentiality), Rule 3.01, Rule 3.03, Rule 3.04, and Rule 5.03 as the operative rule set. Texas firms must map the AI policy to Rule 1.05 — the Texas confidentiality rule — rather than to Model Rule 1.6, because the scope, exceptions, and consent mechanics differ between the two.