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.