HBA-CMT H.B. 1712 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1712
By: Maxey
Licensing & Administrative Procedures
7/17/2001
Enrolled



BACKGROUND AND PURPOSE 

In the interest of providing the health care consumer with helpful
information concerning their physicians, legislation passed in the 76th
session instructed the Texas State Board of Medical Examiners to provide
profiles of their licensees for the public. Just as choosing a physician is
an important decision, choosing an attorney that you trust to fight for
your rights or argue for your freedom is an  important decision.  Prior to
the 77th Legislature, the information consumers needed in order to make
informed decisions about their attorney was not readily available.  House
Bill 1712 requires the State Bar of Texas to compile a list of attorney
profiles that would be made available to the public. 
 
RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the State Bar of Texas in SECTION 1
(Section 81.115, Government Code) of this bill. 

ANALYSIS

House Bill 1712 amends the Government Code to require the State Bar of
Texas (state bar) to create a profile of each attorney licensed by the
state bar in a format that permits the information to be available online
and sets forth provisions for the information the profile must contain.
Information to be included in a profile that is not maintained by the state
bar in the ordinary course of the state bar's duties is required to be
requested from an attorney annually.  The bill sets forth provisions
regarding such information and the instructions the state bar is required
to provide when requesting information from the attorney.  The bill
provides that the state bar is not required to disclose confidential
information.  The bill requires the state bar to annually provide each
attorney licensed by the state bar a copy of the attorney's profile, or
provide an individual attorney with a copy of the attorney's profile  on
request.  The state bar is required to provide the attorney one month from
the date a copy of the attorney's profile is provided to the attorney to
correct factual errors in the attorney's profile, and requires the state
bar to annually update the information contained in the attorney's profile.

The bill authorizes the state bar to adopt rules relating to the type and
content of additional information to be included in an attorney's profile,
and requires the state bar to adopt rules as necessary to implement the
provisions of the bill. 

EFFECTIVE DATE

September 1, 2001.