1-1                                   AN ACT

 1-2     relating to access to criminal history record information by the

 1-3     State Bar of Texas.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter F, Chapter 411, Government Code, is

 1-6     amended by adding Section 411.135 to read as follows:

 1-7           Sec. 411.135.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:

 1-8     STATE BAR OF TEXAS.  (a)  The general counsel of the State Bar of

 1-9     Texas is entitled to obtain from the department criminal history

1-10     record information maintained by the department that relates to a

1-11     person who is:

1-12                 (1)  a person licensed by the state bar and who is the

1-13     subject of or involved in an investigation of:

1-14                       (A)  professional misconduct relating to a

1-15     grievance filed under the disciplinary rules of the state bar; or

1-16                       (B)  barratry, the unauthorized practice of law,

1-17     or falsely holding oneself out as a lawyer, in violation of Section

1-18     38.12, 38.122, or 38.123, Penal Code;

1-19                 (2)  a witness in any disciplinary action or proceeding

1-20     conducted by the state bar, the Board of Disciplinary Appeals, or

1-21     any court; or

1-22                 (3)  an applicant for reinstatement to practice law.

1-23           (b)  Information received by the state bar is confidential

1-24     and may be disseminated only in a disciplinary action or proceeding

 2-1     conducted by the state bar, the Board of Disciplinary Appeals, or

 2-2     any court.

 2-3           (c)  The state bar shall destroy criminal history record

 2-4     information obtained under this section promptly after a final

 2-5     determination is made in the matter for which the information was

 2-6     obtained.

 2-7           SECTION 2.  The importance of this legislation and the

 2-8     crowded condition of the calendars in both houses create an

 2-9     emergency and an imperative public necessity that the

2-10     constitutional rule requiring bills to be read on three several

2-11     days in each house be suspended, and this rule is hereby suspended,

2-12     and that this Act take effect and be in force from and after its

2-13     passage, and it is so enacted.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 1825 was passed by the House on May

         2, 1997, by the following vote:  Yeas 142, Nays 0, 2 present, not

         voting.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 1825 was passed by the Senate on May

         19, 1997, by the following vote:  Yeas 31, Nays 0.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor