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.
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