HBA-DMH C.S.H.B. 792 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 792
By: Wolens
Civil Practices
4/11/2001
Committee Report (Substituted)



BACKGROUND 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.  C.S.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

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.H.B. 792 amends the Government Code to set forth provisions for the
membership, including public membership, of a panel of a district grievance
committee (committee panel) of the State Bar of Texas (state bar) for the
purpose of convening a meeting.  The bill requires a committee panel that
votes on a grievance matter to disclose to each party to the matter the
number of members voting for or against a finding of just cause or
abstaining from voting on the matter.  A member of a committee panel may
only vote on a grievance matter if the member is present at the hearing at
which the vote takes place. 

The bill prohibits the state bar or a court from requiring an attorney
against whom a disciplinary action has been brought to disclose information
protected by the attorney-client privilege if the client did not initiate
the complaint that is the subject of the action. 

The bill requires the state bar, 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 to 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. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 792 differs from the original bill by removing provisions relating
to the liability of the State Bar of Texas (state bar) and its employees
for damages that arise from the employees' conduct as attorneys
representing the state bar in disciplinary proceedings.  The substitute
removes the requirement that the state  bar ensure strict compliance with
the Texas Rules of Disciplinary Procedure. The substitute removes the
requirement that an appeal of an order or judgment of disbarment or
suspension supersedes the order or judgment during the pendency of the
appeal. 

The substitute includes provisions for the membership and voting procedures
of a panel of a district grievance committee of the state bar and the study
the state bar is required to conduct.