By Goodman                                            H.B. No. 1825

         75R7035 CAG-D                           

                                A BILL TO BE ENTITLED

 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 State Bar of Texas is entitled to

 1-9     obtain from the department criminal history record information

1-10     maintained by the department that relates to a person who is:

1-11                 (1)  a person licensed by the state bar and who is the

1-12     subject of or involved in an investigation of:

1-13                       (A)  professional misconduct relating to a

1-14     grievance filed under the disciplinary rules of the state bar; or

1-15                       (B)  barratry, the unauthorized practice of law,

1-16     or falsely holding oneself out as a lawyer, in violation of Section

1-17     38.12, 38.122, or 38.123, Penal Code;

1-18                 (2)  a witness in any disciplinary action or proceeding

1-19     conducted by the state bar, the Board of Disciplinary Appeals, or

1-20     any court; or

1-21                 (3)  an applicant for reinstatement to practice law.

1-22           (b)  Information received by the state bar is confidential

1-23     and may be disseminated only in a disciplinary action or proceeding

1-24     conducted by the state bar, the Board of Disciplinary Appeals, or

 2-1     any court.

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

 2-3     information obtained under this section promptly after a final

 2-4     determination is made in the matter for which the information was

 2-5     obtained.

 2-6           SECTION 2.  The importance of this legislation and the

 2-7     crowded condition of the calendars in both houses create an

 2-8     emergency and an imperative public necessity that the

 2-9     constitutional rule requiring bills to be read on three several

2-10     days in each house be suspended, and this rule is hereby suspended,

2-11     and that this Act take effect and be in force from and after its

2-12     passage, and it is so enacted.

2-13                          COMMITTEE AMENDMENT NO. 1

2-14           Amend H.B. 1825 as follows:

2-15           (1)  On page 1, on line 8 after (a) The, insert the

2-16     following:  General Counsel of the.

2-17                                                                Haggerty