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. 1-44 * * * * *