1-1 AN ACT
1-2 relating to online public access to certain information regarding
1-3 attorneys.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter H, Chapter 81, Government Code, is
1-6 amended by adding Section 81.115 to read as follows:
1-7 Sec. 81.115. ONLINE ATTORNEY PROFILES. (a) The state bar
1-8 shall create a profile of each attorney licensed by the state bar.
1-9 The profile must:
1-10 (1) include the information required by Subsection
1-11 (b);
1-12 (2) include the information described by Subsection
1-13 (c) if that information is provided by the attorney to the state
1-14 bar; and
1-15 (3) be compiled in a format that permits the state bar
1-16 to make the information contained in the profile available online
1-17 to the public.
1-18 (b) A profile must contain the following information on each
1-19 attorney:
1-20 (1) the name of each law school attended and the date
1-21 the attorney graduated;
1-22 (2) the date the attorney became licensed to practice
1-23 law in this state;
1-24 (3) any specialty certification recognized by the
2-1 state bar and held by the attorney;
2-2 (4) the attorney's primary practice location;
2-3 (5) any public disciplinary sanctions issued by the
2-4 state bar against the attorney during at least the 10-year period
2-5 preceding the date of the profile; and
2-6 (6) any public disciplinary sanctions issued by an
2-7 entity in another state responsible for attorney discipline in that
2-8 state against the attorney during at least the 10-year period
2-9 preceding the date of the profile.
2-10 (c) The profile must contain the following information on an
2-11 attorney if the attorney provides the information to the state bar:
2-12 (1) other states in which the attorney is licensed to
2-13 practice law;
2-14 (2) the courts before which the attorney has been
2-15 admitted to practice law;
2-16 (3) whether the attorney provides any language
2-17 translating services, including translating services for a person
2-18 with impairment of hearing, at the attorney's primary practice
2-19 location; and
2-20 (4) whether the attorney's client service areas are
2-21 accessible to persons with disabilities, as defined by federal law.
2-22 (d) Information included under Subsection (b) or (c) that is
2-23 not maintained by the state bar in the ordinary course of the state
2-24 bar's duties shall be requested from an attorney annually. In
2-25 requesting information from the attorney, the state bar shall:
2-26 (1) inform the attorney that compliance with the
2-27 request for information under Subsection (b) is mandatory;
3-1 (2) inform the attorney that compliance with the
3-2 request for information under Subsection (c) is voluntary;
3-3 (3) inform the attorney of the date the information
3-4 will be made available to the public; and
3-5 (4) instruct the attorney concerning the requirements
3-6 under Subsection (f) for the attorney to obtain a copy of the
3-7 attorney's profile to make corrections.
3-8 (e) This section does not require the state bar to disclose
3-9 confidential information.
3-10 (f) The state bar shall:
3-11 (1) annually provide to each attorney licensed by the
3-12 state bar a copy of the attorney's profile; or
3-13 (2) provide to an individual attorney a copy of the
3-14 attorney's profile on request. The state bar shall provide an
3-15 attorney one month from the date a copy of the attorney's profile
3-16 is provided to the attorney to correct factual errors in the
3-17 attorney's profile.
3-18 (g) The state bar shall annually update the information
3-19 contained in an attorney's profile. The state bar shall adopt a
3-20 form that allows an attorney to update information contained in the
3-21 attorney's profile. The form shall be made available on the
3-22 Internet and in other formats as prescribed by rules adopted by the
3-23 state bar. The state bar may adopt rules relating to the type and
3-24 content of additional information that may be included in an
3-25 attorney's profile.
3-26 (h) For purposes of administering this section, the state
3-27 bar may collect from each member of the state bar an annual fee of
4-1 not more than $10.
4-2 (i) The state bar shall adopt rules as necessary to
4-3 implement this section.
4-4 SECTION 2. (a) This Act takes effect September 1, 2001.
4-5 (b) The State Bar of Texas shall adopt the rules required
4-6 under Section 81.115, Government Code, as added by this Act, not
4-7 later than April 1, 2002. The state bar shall make the initial
4-8 attorney profiles required under this Act available to the public
4-9 not later than September 1, 2003.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1712 was passed by the House on May
5, 2001, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 1712 on May 24, 2001, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1712 was passed by the Senate, with
amendments, on May 17, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor