1-1 By: Wolens, et al. (Senate Sponsor - West) H.B. No. 792 1-2 (In the Senate - Received from the House May 11, 2001; 1-3 May 11, 2001, read first time and referred to Committee on 1-4 Jurisprudence; May 11, 2001, reported favorably by the following 1-5 vote: Yeas 5, Nays 0; May 11, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to certain procedures regarding state bar disciplinary 1-9 proceedings. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Section 81.072, Government Code, is amended by 1-12 adding Subsections (h)-(n) to read as follows: 1-13 (h) The state bar or a court may not require an attorney 1-14 against whom a disciplinary action has been brought to disclose 1-15 information protected by the attorney-client privilege if the 1-16 client did not initiate the complaint that is the subject of the 1-17 action. 1-18 (i) A panel of a district grievance committee of the state 1-19 bar that votes on a grievance matter shall disclose to each party 1-20 to the matter the number of members of the panel: 1-21 (1) voting for a finding of just cause; 1-22 (2) voting against a finding of just cause; and 1-23 (3) abstaining from voting on the matter. 1-24 (j) A quorum of a panel of a district grievance committee of 1-25 the state bar must include one public member. 1-26 (k) A member of a panel of a district grievance committee of 1-27 the state bar may vote on a grievance matter to which the panel was 1-28 assigned only if the member is present at the hearing at which the 1-29 vote takes place. 1-30 (l) A person may be appointed to serve on a panel of a 1-31 district grievance committee of the state bar only if the person is 1-32 a member of the district grievance committee from which the panel 1-33 was assigned and the person was appointed to serve on the committee 1-34 in strict accordance with the Texas Rules of Disciplinary 1-35 Procedure. 1-36 (m) A panel of a district grievance committee of the state 1-37 bar may not be changed in size for the purpose of obtaining a 1-38 quorum on the panel without the approval of each party to the 1-39 grievance matter to which the panel was assigned. 1-40 (n) A member of a panel of a district grievance committee of 1-41 the state bar may not be substituted with another member of the 1-42 district grievance committee on the day of the hearing for which 1-43 the panel was assigned. 1-44 SECTION 2. Not later than September 1, 2002, the State Bar of 1-45 Texas shall: 1-46 (1) study the state bar rules governing attorney 1-47 disciplinary and disability procedure and the Texas Rules of 1-48 Disciplinary Procedure to determine the extent to which the rules 1-49 conform to the requirements of state law governing attorney 1-50 disciplinary and disability procedure; and 1-51 (2) submit to the lieutenant governor and the speaker 1-52 of the house of representatives a report of the study, including 1-53 recommendations for revisions to the state bar rules and the Texas 1-54 Rules of Disciplinary Procedure that conflict with the requirements 1-55 of state law. 1-56 SECTION 3. This Act takes effect September 1, 2001. 1-57 * * * * *