By Wolens, et al. H.B. No. 792 77R12480 E A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to certain procedures regarding state bar disciplinary 1-3 proceedings. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 81.072, Government Code, is amended by 1-6 adding Subsections (h)-(n) to read as follows: 1-7 (h) The state bar or a court may not require an attorney 1-8 against whom a disciplinary action has been brought to disclose 1-9 information protected by the attorney-client privilege if the 1-10 client did not initiate the complaint that is the subject of the 1-11 action. 1-12 (i) A panel of a district grievance committee of the state 1-13 bar that votes on a grievance matter shall disclose to each party 1-14 to the matter the number of members of the panel: 1-15 (1) voting for a finding of just cause; 1-16 (2) voting against a finding of just cause; and 1-17 (3) abstaining from voting on the matter. 1-18 (j) A quorum of a panel of a district grievance committee of 1-19 the state bar must include one public member. 1-20 (k) A member of a panel of a district grievance committee of 1-21 the state bar may vote on a grievance matter to which the panel was 1-22 assigned only if the member is present at the hearing at which the 1-23 vote takes place. 1-24 (l) A person may be appointed to serve on a panel of a 2-1 district grievance committee of the state bar only if the person is 2-2 a member of the district grievance committee from which the panel 2-3 was assigned and the person was appointed to serve on the committee 2-4 in strict accordance with the Texas Rules of Disciplinary 2-5 Procedure. 2-6 (m) A panel of a district grievance committee of the state 2-7 bar may not be changed in size for the purpose of obtaining a 2-8 quorum on the panel without the approval of each party to the 2-9 grievance matter to which the panel was assigned. 2-10 (n) A member of a panel of a district grievance committee of 2-11 the state bar may not be substituted with another member of the 2-12 district grievance committee on the day of the hearing for which 2-13 the panel was assigned. 2-14 SECTION 2. Not later than September 1, 2002, the State Bar of 2-15 Texas shall: 2-16 (1) study the state bar rules governing attorney 2-17 disciplinary and disability procedure and the Texas Rules of 2-18 Disciplinary Procedure to determine the extent to which the rules 2-19 conform to the requirements of state law governing attorney 2-20 disciplinary and disability procedure; and 2-21 (2) submit to the lieutenant governor and the speaker 2-22 of the house of representatives a report of the study, including 2-23 recommendations for revisions to the state bar rules and the Texas 2-24 Rules of Disciplinary Procedure that conflict with the requirements 2-25 of state law. 2-26 SECTION 3. This Act takes effect September 1, 2001.