1-1     By:  Goodman (Senate Sponsor - Duncan)                H.B. No. 1825

 1-2           (In the Senate - Received from the House May 5, 1997;

 1-3     May 6, 1997, read first time and referred to Committee on

 1-4     Jurisprudence; May 13, 1997, reported favorably by the following

 1-5     vote:  Yeas 7, Nays 0; May 13, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to access to criminal history record information by the

 1-9     State Bar of Texas.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Subchapter F, Chapter 411, Government Code, is

1-12     amended by adding Section 411.135 to read as follows:

1-13           Sec. 411.135.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:

1-14     STATE BAR OF TEXAS.  (a)  The general counsel of the State Bar of

1-15     Texas is entitled to obtain from the department criminal history

1-16     record information maintained by the department that relates to a

1-17     person who is:

1-18                 (1)  a person licensed by the state bar and who is the

1-19     subject of or involved in an investigation of:

1-20                       (A)  professional misconduct relating to a

1-21     grievance filed under the disciplinary rules of the state bar; or

1-22                       (B)  barratry, the unauthorized practice of law,

1-23     or falsely holding oneself out as a lawyer, in violation of Section

1-24     38.12, 38.122, or 38.123, Penal Code;

1-25                 (2)  a witness in any disciplinary action or proceeding

1-26     conducted by the state bar, the Board of Disciplinary Appeals, or

1-27     any court; or

1-28                 (3)  an applicant for reinstatement to practice law.

1-29           (b)  Information received by the state bar is confidential

1-30     and may be disseminated only in a disciplinary action or proceeding

1-31     conducted by the state bar, the Board of Disciplinary Appeals, or

1-32     any court.

1-33           (c)  The state bar shall destroy criminal history record

1-34     information obtained under this section promptly after a final

1-35     determination is made in the matter for which the information was

1-36     obtained.

1-37           SECTION 2.  The importance of this legislation and the

1-38     crowded condition of the calendars in both houses create an

1-39     emergency and an imperative public necessity that the

1-40     constitutional rule requiring bills to be read on three several

1-41     days in each house be suspended, and this rule is hereby suspended,

1-42     and that this Act take effect and be in force from and after its

1-43     passage, and it is so enacted.

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