|
Senate Bill 302 |
Senate Author: Watson et al. |
|
Effective: 9-1-17 |
House Sponsor: Thompson, Senfronia |
Senate Bill 302 amends the State Bar Act, Government Code to, among other provisions, continue the existence of the State Bar until September 1, 2029. The bill provides for requirements applicable to any change in a state bar membership fee or other fee and requires the Supreme Court of Texas in establishing rules governing admission to the practice of law to ensure that no rule violates Civil Practice and Remedies Code provisions relating to religious freedom.
Senate Bill 302 requires the supreme court to ensure that an attorney has an opportunity to respond to all allegations of misconduct and sets out provisions relating to disciplinary rules, including provisions relating to issuance of a subpoena, attorney self-reporting of criminal offenses and disciplinary action taken by another state, a process to identify complaints suitable for settlement or an investigatory hearing, and sanction guidelines. The bill requires the chief disciplinary counsel to create and maintain a grievance tracking system and establish a process to regularly search the National Lawyer Regulatory Data Bank to identify a state bar member who is disciplined in another state. The bill authorizes the chief disciplinary counsel to hold investigatory and disciplinary hearings by teleconference. The bill requires the bar to obtain criminal history record information on each bar member whose information is already on file with the Department of Public Safety or the Board of Law Examiners.
Senate Bill 302 establishes the Committee on Disciplinary Rules and Referenda and provides procedures by which the committee proposes disciplinary rules and by which such rules are adopted or rejected. The bill requires the state bar to fund one full-time position of ombudsman for the attorney discipline system and sets out the powers and duties of that position.