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.