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)-(o) 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 the
1-14 complainant and the respondent in the matter the number of members
1-15 of the panel:
1-16 (1) voting for a finding of just cause;
1-17 (2) voting against a finding of just cause; and
1-18 (3) abstaining from voting on the matter.
1-19 (j) A quorum of a panel of a district grievance committee of
1-20 the state bar must include one public member for each two attorney
1-21 members.
1-22 (k) A member of a panel of a district grievance committee of
1-23 the state bar may vote on a grievance matter to which the panel was
1-24 assigned only if the member is present at the hearing at which the
2-1 vote takes place.
2-2 (l) A person may be appointed to serve on a panel of a
2-3 district grievance committee of the state bar only if the person is
2-4 a member of the district grievance committee from which the panel
2-5 was assigned and the person was appointed to serve on the committee
2-6 in strict accordance with the Texas Rules of Disciplinary
2-7 Procedure.
2-8 (m) A panel of a district grievance committee of the state
2-9 bar may not be changed in size for the purpose of obtaining a
2-10 quorum on the panel without the approval of the complainant and the
2-11 respondent in the grievance matter to which the panel was assigned.
2-12 (n) A member of a panel of a district grievance committee of
2-13 the state bar may not be substituted with another member of the
2-14 district grievance committee on the day of the hearing for which
2-15 the panel was assigned without the approval of the complainant and
2-16 the respondent in the grievance matter.
2-17 (o) Whenever a grievance is either dismissed as an inquiry
2-18 or dismissed as a complaint after an investigatory hearing in
2-19 accordance with the Texas Rules of Disciplinary Procedure and that
2-20 dismissal has become final, the respondent attorney may thereafter
2-21 deny that a grievance was pursued. In any disciplinary action
2-22 which is tried to verdict before an evidentiary panel or a district
2-23 court and there is a take-nothing judgment entered which becomes
2-24 final, the respondent attorney may file a motion with the tribunal
2-25 seeking expunction of the tribunal's file on the matter. In the
2-26 event an expunction is granted, the evidentiary panel or district
2-27 court shall order that all records be destroyed other than
3-1 statistical or identifying information maintained by the chief
3-2 disciplinary counsel pertaining to any grievance which formed the
3-3 basis of the disciplinary action and the respondent attorney may
3-4 thereafter deny any grievance which formed the basis of the
3-5 disciplinary action was filed.
3-6 SECTION 2. Not later than September 1, 2002, the State Bar of
3-7 Texas shall:
3-8 (1) study the state bar rules governing attorney
3-9 disciplinary and disability procedure and the Texas Rules of
3-10 Disciplinary Procedure to determine the extent to which the rules
3-11 conform to the requirements of state law governing attorney
3-12 disciplinary and disability procedure; and
3-13 (2) submit to the lieutenant governor and the speaker
3-14 of the house of representatives a report of the study, including
3-15 recommendations for revisions to the state bar rules and the Texas
3-16 Rules of Disciplinary Procedure that conflict with the requirements
3-17 of state law.
3-18 SECTION 3. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 792 was passed by the House on May
11, 2001, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 792 on May 25, 2001, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 792 was passed by the Senate, with
amendments, on May 18, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor