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