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


Office of House Bill AnalysisH.B. 1712
By: Maxey
Licensing & Administrative Procedures
3/27/2001
Introduced



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.
Currently, the information consumers need in order to make informed
decisions about their attorney is 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 and sets forth provisions for what information is required in the
profile.  The information that is required 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 obtained from an attorney at the time the
attorney pays the annual state bar membership fee.  The bill sets forth
provisions regarding information and instruction 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 included in a profile.  The bill requires the state bar to
provide an individual attorney with a copy of the attorney's profile  if
the attorney requests a copy at the time the attorney pays the annual state
bar membership fee.  The state bar is required to provide the attorney one
month from the date the copy is provided to the attorney to correct factual
errors in the attorney's profile, and requires the state bar to update the
information contained in the attorney's profile on an annual basis if no
factual errors are found by an attorney.   

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.