Enrolled Bill Summary

            Under state law, the Texas Supreme Court has authority over attorney disciplinary proceedings. The court establishes guidelines for disciplinary proceedings and delegates the authority over the administration of disciplinary matters to the State Bar of Texas. House Bill 792 amends the Government Code to add provisions relating to disciplinary and disability procedures, including prohibiting the state bar or a court from requiring an attorney against whom a disciplinary action has been brought to disclose information protected by the attorney-client privilege, unless the client initiated the complaint; requiring a grievance committee to disclose the number of members voting for a finding of just cause, the number voting against, and the number abstaining from voting; providing that a member of a grievance committee may vote on a grievance matter only if the member is present at the hearing at which the vote takes place; and providing that when a grievance is dismissed under certain conditions and becomes final, the respondent attorney may deny that a grievance was pursued. In any disciplinary action that is tried to verdict before an evidentiary panel or a district court and a take-nothing final judgment is entered, the respondent attorney is authorized to file a motion with the tribunal seeking expunction of the file on the matter. In the event an expunction is granted, the evidentiary panel or district court is required to order that certain records be destroyed and the respondent attorney is authorized to deny the grievance was filed. Other provisions relate to membership and quorum requirements for a panel of a district grievance committee of the state bar.

            The bill requires the state bar, not later than September 1, 2002, to study the rules governing attorney disciplinary and disability procedures and the Texas Rules of Disciplinary Procedure to determine the extent to which the rules conform to the requirements of state law and to submit to the lieutenant governor and the speaker of the house of representatives a report, including recommendations for revisions to the rules and the Texas Rules of Disciplinary Procedure that conflict with the requirements of state law.