SRC-JBJ H.B. 792 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 792
77R12480 EBy: Wolens (West)
Jurisprudence
5/11/2001
Engrossed


DIGEST AND PURPOSE 

Currently, a grievance may be filed against an attorney with the State Bar
of Texas (state bar). The grievance system is designed to sanction
attorneys for misconduct, but does not provide for the award of damages or
civil or criminal remedies.  The grievances are investigated for a
violation of the Texas Rules of Disciplinary Procedure.  If a violation of
professional misconduct is not proven, the matter is classified as an
inquiry and dismissed.  H.B. 792 sets forth provisions for the membership
and voting disclosure of a panel of a district grievance committee of the
state bar and requires the state bar to conduct a study of disciplinary and
disability procedures.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 81.072, Government Code, by adding Subsections
(h)-(n), to add provisions regarding certain procedures involving
disciplinary action against an attorney and regarding a district grievance
committee of the State Bar of Texas. 

SECTION 2.  Requires the State Bar of Texas, not later than September 1,
2002, to study the state bar rules governing attorney disciplinary and
disability procedure and the Texas Rules of Disciplinary Procedure to
determine the extent to which the rules conform to the requirements of
state law governing attorney disciplinary and disability procedure and
submit to the lieutenant governor and the speaker of the house of
representatives a report of the study, including recommendations for
revisions to the state bar rules and the Texas Rules of Disciplinary
Procedure that conflict with the requirements of state law. 

SECTION 3.  Effective date: September 1, 2001.