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.