77R12480 E
By Wolens, et al. H.B. No. 792
Substitute the following for H.B. No. 792:
By Bosse C.S.H.B. No. 792
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.