1-1 By: Maxey, Wilson (Senate Sponsor - West) H.B. No. 1712 1-2 (In the Senate - Received from the House May 7, 2001; 1-3 May 7, 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 online public access to certain information regarding 1-9 attorneys. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Subchapter H, Chapter 81, Government Code, is 1-12 amended by adding Section 81.115 to read as follows: 1-13 Sec. 81.115. ONLINE ATTORNEY PROFILES. (a) The state bar 1-14 shall create a profile of each attorney licensed by the state bar. 1-15 The profile must: 1-16 (1) include the information required by Subsection 1-17 (b); 1-18 (2) include the information described by Subsection 1-19 (c) if that information is provided by the attorney to the state 1-20 bar; and 1-21 (3) be compiled in a format that permits the state bar 1-22 to make the information contained in the profile available online 1-23 to the public. 1-24 (b) A profile must contain the following information on each 1-25 attorney: 1-26 (1) the name of each law school attended and the date 1-27 the attorney graduated; 1-28 (2) the date the attorney became licensed to practice 1-29 law in this state; 1-30 (3) any specialty certification recognized by the 1-31 state bar and held by the attorney; 1-32 (4) the attorney's primary practice location; 1-33 (5) any public disciplinary sanctions issued by the 1-34 state bar against the attorney during at least the 10-year period 1-35 preceding the date of the profile; and 1-36 (6) any public disciplinary sanctions issued by an 1-37 entity in another state responsible for attorney discipline in that 1-38 state against the attorney during at least the 10-year period 1-39 preceding the date of the profile. 1-40 (c) The profile must contain the following information on an 1-41 attorney if the attorney provides the information to the state bar: 1-42 (1) other states in which the attorney is licensed to 1-43 practice law; 1-44 (2) the courts before which the attorney has been 1-45 admitted to practice law; 1-46 (3) whether the attorney provides any language 1-47 translating services, including translating services for a person 1-48 with impairment of hearing, at the attorney's primary practice 1-49 location; and 1-50 (4) whether the attorney's client service areas are 1-51 accessible to persons with disabilities, as defined by federal law. 1-52 (d) Information included under Subsection (b) or (c) that is 1-53 not maintained by the state bar in the ordinary course of the state 1-54 bar's duties shall be requested from an attorney annually. In 1-55 requesting information from the attorney, the state bar shall: 1-56 (1) inform the attorney that compliance with the 1-57 request for information under Subsection (b) is mandatory; 1-58 (2) inform the attorney that compliance with the 1-59 request for information under Subsection (c) is voluntary; 1-60 (3) inform the attorney of the date the information 1-61 will be made available to the public; and 1-62 (4) instruct the attorney concerning the requirements 1-63 under Subsection (f) for the attorney to obtain a copy of the 1-64 attorney's profile to make corrections. 2-1 (e) This section does not require the state bar to disclose 2-2 confidential information. 2-3 (f) The state bar shall: 2-4 (1) annually provide to each attorney licensed by the 2-5 state bar a copy of the attorney's profile; or 2-6 (2) provide to an individual attorney a copy of the 2-7 attorney's profile on request. The state bar shall provide an 2-8 attorney one month from the date a copy of the attorney's profile 2-9 is provided to the attorney to correct factual errors in the 2-10 attorney's profile. 2-11 (g) The state bar shall annually update the information 2-12 contained in an attorney's profile. The state bar shall adopt a 2-13 form that allows an attorney to update information contained in the 2-14 attorney's profile. The form shall be made available on the 2-15 Internet and in other formats as prescribed by rules adopted by the 2-16 state bar. The state bar may adopt rules relating to the type and 2-17 content of additional information that may be included in an 2-18 attorney's profile. 2-19 (h) For purposes of administering this section, the state 2-20 bar may collect from each member of the state bar an annual fee of 2-21 not more than $10. 2-22 (i) The state bar shall adopt rules as necessary to 2-23 implement this section. 2-24 SECTION 2. (a) This Act takes effect September 1, 2001. 2-25 (b) The State Bar of Texas shall adopt the rules required 2-26 under Section 81.115, Government Code, as added by this Act, not 2-27 later than April 1, 2002. The state bar shall make the initial 2-28 attorney profiles required under this Act available to the public 2-29 not later than September 1, 2003. 2-30 (c) Notwithstanding Section 81.115(h), Government Code, as 2-31 added by this Act, the State Bar of Texas may collect from each 2-32 member of the state bar a fee of not more than $20 for each fiscal 2-33 year in the 2002-2003 biennium. 2-34 * * * * *