By Maxey H.B. No. 1712
77R3526 QS-D
A BILL TO BE ENTITLED
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); and
1-12 (2) be compiled in a format that permits the state bar
1-13 to make the information contained in the profile available online
1-14 to the public.
1-15 (b) A profile must contain the following information on each
1-16 attorney:
1-17 (1) the name of each law school attended and the date
1-18 the attorney graduated;
1-19 (2) the date the attorney became licensed to practice
1-20 law in this state;
1-21 (3) any specialty certification recognized by the
1-22 state bar and held by the attorney;
1-23 (4) the number of years the attorney has actively
1-24 practiced law in:
2-1 (A) this state; and
2-2 (B) other states;
2-3 (5) the courts before which the attorney has been
2-4 admitted to practice law;
2-5 (6) the attorney's primary practice location;
2-6 (7) whether the attorney provides any language
2-7 translating services, including translating services for a person
2-8 with impairment of hearing, at the attorney's primary practice
2-9 location;
2-10 (8) whether the attorney's client service areas are
2-11 accessible to disabled persons, as defined by federal law;
2-12 (9) a description of any disciplinary action against
2-13 the attorney by the state bar during the 10-year period preceding
2-14 the date of the profile;
2-15 (10) a description of any disciplinary action against
2-16 the attorney by the state bar of another state during the 10-year
2-17 period preceding the date of the profile;
2-18 (11) a description of any charges reported to the
2-19 state bar during the 10-year period preceding the date of the
2-20 profile to which the attorney has pleaded no contest, for which the
2-21 attorney is the subject of deferred adjudication or pretrial
2-22 diversion, or in which sufficient facts of guilt were found and the
2-23 matter was continued by a court of competent jurisdiction; and
2-24 (12) a description of any conviction for an offense
2-25 constituting a felony, a Class A or Class B misdemeanor, or a Class
2-26 C misdemeanor involving moral turpitude during the 10-year period
2-27 preceding the date of the profile.
3-1 (c) Information required to be included under Subsection (b)
3-2 that is not maintained by the state bar in the ordinary course of
3-3 the state bar's duties shall be obtained from an attorney at the
3-4 time the attorney pays the annual state bar membership fee. In
3-5 requesting information from the attorney, the state bar shall:
3-6 (1) inform the attorney that compliance with the
3-7 request for information is mandatory;
3-8 (2) inform the attorney of the date the information
3-9 will be made available to the public; and
3-10 (3) instruct the attorney concerning the requirements
3-11 under Subsection (e) for the attorney to obtain a copy of the
3-12 attorney's profile to make corrections.
3-13 (d) This section does not require the state bar to disclose
3-14 confidential information.
3-15 (e) The state bar shall provide an individual attorney with
3-16 a copy of the attorney's profile if the attorney requests a copy at
3-17 the time the attorney pays the annual state bar membership fee. If
3-18 a copy is requested by an attorney, the state bar shall provide the
3-19 attorney one month from the date the copy is provided to the
3-20 attorney to correct factual errors in the attorney's profile.
3-21 (f) The state bar shall update the information contained in
3-22 an attorney's profile annually. The state bar shall adopt a form
3-23 that allows an attorney to update information contained in the
3-24 attorney's profile. The form shall be made available on the
3-25 Internet and in other formats as prescribed by rules adopted by the
3-26 state bar. The state bar may adopt rules relating to the type and
3-27 content of additional information that may be included in an
4-1 attorney's profile.
4-2 (g) 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.
4-10 (c) The Supreme Court of Texas shall raise membership fees
4-11 set under Section 81.054, Government Code, in an amount not to
4-12 exceed $20 for each fiscal year in the 2002-2003 biennium and not
4-13 to exceed $10 for each fiscal year in the 2004-2005 biennium for
4-14 each member of the state bar to cover the costs of administering
4-15 the changes in law made by this Act. The supreme court shall
4-16 reduce any fees raised under this subsection not later than the
4-17 second anniversary of the date the initial attorney profiles
4-18 required under this Act are made available to the public to the
4-19 extent the increase in fee amounts was necessary to cover the
4-20 initial costs incurred by the State Bar of Texas in establishing an
4-21 attorney profile system. Section 81.024, Government Code, does not
4-22 apply to fees imposed by the supreme court under this section.