SRC-JLB H.B. 599 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 599
By: Chisum et al. (Jackson)
Government Organization
5/13/2003
Engrossed

 
DIGEST AND PURPOSE 

The State Bar of Texas operates as both a regulatory agency and a
professional association.  It is a quasi-governmental agency of the
judicial branch with jurisdiction over more than 70,000 attorneys who are
required to be members of the bar.  The state bar is subject to the Sunset
Act and will be abolished in 2003 unless continued in existence by the
legislature.  H.B. 599 continues the state bar for the standard 12-year
period but requires increased accountability through strategic planning
and performance-based budgeting. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Supreme Court in
SECTION 17 (Section 81.0753, Government Code) and SECTION 28 of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 81.003, Government Code, to continue the State
Bar of Texas for the standard 12-year period until September 1, 2015.  

SECTION 2.  Amends Section 81.019(c), Government Code, to require election
ballots to be distributed, rather than mailed, to the membership.  

SECTION 3.  Amends Sections 81.020(c) and (f), Government Code, as follows:

(c)  Requires that appointments to the State Bar board of directors
(board) be made without regard to the race, color, disability, sex,
religion, age, or national origin of the appointees. 

(f)  Requires the board to develop and implement policies that clearly
separate, rather than define, the responsibilities of the board and the
management responsibilities of the executive director and the staff of the
state bar.     

SECTION 4.  Amends Subchapter B, Chapter 81, by adding Sections 81.0201
and 81.0215, as follows: 

Sec.  81.0201.  TRAINING PROGRAM FOR BOARD MEMBERS.  Applies standard
language regarding board member training.  

Sec.  81.0215.  STRATEGIC PLAN.  (a)  Requires the state bar to develop a
comprehensive, long-range strategic plan for its operations.  Requires the
state bar, each even-numbered year, to issue a plan covering five fiscal
years beginning with the next odd-numbered fiscal year. 

(b)  Requires the strategic plan to include measurable goals and a system
of performance measures that identify certain factors. 

(c)  Requires the state bar, each year, to report the performance measures
included in the strategic plan under this section to the supreme court and
the editor of the Texas Bar Journal for publication. 
 
SECTION 5.  Amends Section 81.022, Government Code, by adding Subsections
(a-1) and (e), as follows: 

(a-1)  Requires the state bar and supreme court, in developing and
approving the annual budget, to perform certain tasks. 

(e)  Requires the state bar, after implementing a budget approved by the
supreme court, to report to the court regarding the state bar's
performance on the goals and performance measures identified in the
strategic plan developed under Section 81.0215.  Requires the state bar to
perform certain functions. 

SECTION 6.  Amends Sections 81.024(c) and (d), Government Code, to make
conforming changes and to delete current language regarding minimum voter
participation in state bar elections. 

SECTION 7.  Amends Subchapter B, Chapter 81, Government Code, by adding
Sections 81.0241and 81.0242, as follows: 

Sec.  81.0241.  ELECTRONIC TRANSMISSION OF ELECTION MATERIALS.  (a)
Authorizes the state bar, with the approval of the supreme court, to
distribute by electronic transmission ballots and related materials and to
receive by electronic transmission completed ballots in an election under
this chapter.   

(b)  Requires the supreme court, before approving the distribution of
ballots and related materials by electronic transmission under this
section, to be satisfied that the state bar has implemented procedures
that ensure each member of the state bar will have secure access to
election ballots and information. 

Sec.  81.0242.  PARTICIPATION IN ELECTIONS.  Requires the state bar, in
the manner provide by the supreme court, to perform certain functions. 

SECTION 8.  Amends Section 81.026(a), Government Code, to add new language
to existing text related to the board's authority to create committees. 

SECTION 9.  Amends Section 81.027(a), Government Code, to provide the
grounds for removal of a board member.  Deletes current language in
existing text. 

SECTION 10.  Amends Section 81.028, Government Code, as follows:

Sec.  81.028.  New heading:  RELATIONSHIP WITH TRADE ASSOCIATION.  (a)
Defines "Texas trade association." 

(b)  Prohibits certain persons from being a member of the board of
directors and from being a state bar employee employed in a "bona fide
executive, administrative, or professional capacity," as that phrase is
used for purposes of establishing an exemption to the overtime provisions
of the federal Fair Standards Act of 1938 (29 U.S.C. Section 201 et seq.),
and its subsequent amendments. 

SECTION 11.  Amends Sections 81.029(j) and (k), Government Code, as
follows: 

 (j)  Makes conforming and nonsubstantive changes.

(k)  Requires the state bar's equal opportunity policy statement to be
reviewed by the State Commission on Human Rights.  

SECTION 12.  Amends Subchapter B, Chapter 81, Government Code, by adding
Sections 81.035, 81.036, 81.037, and 81.038, as follows: 

Sec.  81.035.  INFORMATION REGARDING REQUIREMENTS FOR OFFICE OR
EMPLOYMENT.  Requires the executive director or the executive director's
designee to provide to members of the board of directors and to agency
employees information regarding the requirements for office or employment
under this chapter, including information regarding a person's
responsibilities under applicable laws relating to standards on conduct
for state officers or employees. 

Sec.  81.036.  INFORMATION ON CERTAIN COMPLAINTS.  (a)  Requires the state
bar to maintain a file on each written complaint, other than a grievance
against an attorney, filed with the state bar.  Requires the file to
include certain information. 

(b)  Requires the state bar to provide to the person filing the complaint
and to each person who is a subject of the complaint a copy of the state
bar's policies and procedures relating to complaint investigation and
resolution.  

(c)  Requires the state bar, at least quarterly until final disposition of
the complaint, to notify the person filing the complaint and each person
who is a subject of the complaint of the status of the investigation
unless the notice would jeopardize an undercover investigation.   

Sec.  81.037.  STATE EMPLOYEE INCENTIVE PROGRAM.  Requires the executive
director or the executive director's designee to provide to state bar
employees information and training on the benefits and methods of
participation in the state employee incentive program under Subchapter B,
Chapter 2108.  

Sec.  81.038.  USE OF TECHNOLOGY.  Requires the board of directors to
develop and implement a policy requiring the executive director and state
bar employees to research and propose appropriate technological solutions
to improve the state bar's ability to perform its functions.  Requires the
technological solutions to ensure certain factors are met. 

SECTION 13.  Amends the heading to Section 81.054, Government Code, to
read as follows: 

 Sec.  81.054.  MEMBERSHIP FEES AND ADDITIONAL FEES.

SECTION 14.  Amends Section 81.054, Government Code, by amending
Subsections (a), (c), and (d) and adding Subsections (f)-(k), as follows: 

(a)  Requires the supreme court to set membership fees and other fees for
members of the state bar.  Requires the fees, except as provided by
Subsection (j), other than those set for associate members, to be set in
accordance with this section and Section 81.024. 

(c)  Requires fees to be paid to the clerk of the supreme court.  Requires
the clerk to retain the fees, other than fees collected under Subsection
(j), until distributed to the state bar for expenditure under the
direction of the supreme court to administer this chapter. Requires the
clerk to retain the fees collected under Subsection (j) until distribution
is approved by an order of the supreme court.  Requires the supreme court,
in ordering that distribution, to order that the fees collected under
Subsection (j) be remitted to the comptroller at least as frequently as
quarterly.  Requires the comptroller to credit 50 percent of the remitted
fees to the credit of the judicial fund for programs approved by the
supreme court that provide basic civil legal services to the indigent and
to credit the remaining 50 percent of the remitted fees to an account
established by the comptroller in the general revenue fund to be used for
providing legal representation and other defense services to indigent
defendants at trial, on appeal, and in postconviction proceedings. 
 
(d)  Authorizes fees collected under Subsection (j) to be used only to
provide basic civil legal services to the indigent and legal
representation and other defense services to indigent defendants as
provided by Subsection (c).  Authorizes other fees collected under this
chapter to be used only for administering the public purposes provided by
this chapter. 
 (f)  Authorizes a person who is otherwise eligible to renew the person's
membership to renew the membership by paying the required membership fees
to the state bar on or before the due date. 
 
(g)  Authorizes a person whose membership has been expired for 90 days or
less to renew the membership by paying to the state bar membership fees
equal to 1-1/2 times the normally required membership fees. 
 
(h)  Authorizes a person whose membership has been expired for more than
90 days but less than one year to renew the membership by paying to the
state bar membership fees equal to two times the normally required
membership fees. 
 
(i)  Requires the state bar, not later than the 30th day before the date a
person's membership is scheduled to expire, to send written notice of the
impending expiration to the person at the person's last known address
according to the records of the state bar. 
 
(j)  Requires the supreme court to set an additional legal services fee in
an amount that is not less than $65 to be paid annually by each active
member of the state bar.  Requires the supreme court to review the amount
of the fee at least biennially and to, subject to the requirements of this
subsection, modify the amount.  Prohibits the supreme court from
increasing the amount of the fee to an amount that exceeds 120 percent of
the lowest fee imposed under this subsection during the preceding year.
Provides that Section 81.024 does not apply to a fee set under this
subsection. 
 
 (k)  Defines "indigent."

SECTION 15.  Amends the heading to Section 81.072, Government Code, to
read as follows: 

 Sec.  81.072.  GENERAL DISCIPLINARY AND DISABILITY PROCEDURES.  

SECTION 16.  Amends Section 81.072, Government Code, by amending
Subsections (a), (b), (e), (f), (h), and (o) and adding Subsection (e-1),
as follows: 

 (a)  Makes a conforming change.

(b)  Deletes "complaints" from existing text and replaces with
"grievances."  Makes conforming changes. 

(e)  Requires the state bar to establish dispute resolution procedures to
perform certain tasks.   

(e-1)  Provides that all types of information, proceedings, hearing
transcripts, and statements presented during the voluntary mediation and
dispute resolution procedure established under Subsection (e) are
confidential to the same extent the information, proceedings, transcripts,
or statements would be confidential if presented to a panel of a district
grievance committee. 

 (f)  Makes conforming changes. 

 (h)  Makes a conforming change. 

 (o)  Deletes current language in existing text related to the dismissal
of a grievance. 

Section 17.  Amends Subchapter E, Chapter 81, Government Code, by adding
Sections 81.073, 81.074, 81.075, 81.0751, 81.0752, and 81.0753, as
follows: 

Sec.  81.073.  CLASSIFICATION OF GRIEVANCES.  (a)  Requires the chief
disciplinary counsel's office to classify each grievance on receipt as a
specific type of grievance if certain conditions are applicable. 
 
(b)  Authorizes a complainant to appeal the classification of a grievance
as an inquiry to the Board of Disciplinary Appeals, or authorizes the
complainant to amend and resubmit the grievance.  Provides that an
attorney against whom a grievance is filed may not appeal the
classification of the grievance.   

Sec.  81.074.  DISPOSITION OF INQUIRIES.  Requires the chief disciplinary
counsel to dismiss a grievance classified as an inquiry and to refer the
inquiry classified under Section 81.073 (a) (2) (A) and dismissed under
this section to the voluntary mediation and dispute resolution procedure
established under Section 81.072(e). 

Sec.  81.075.  DISPOSITION OF COMPLAINTS.  (a)  Requires the chief
disciplinary counsel to review each grievance classified as a complaint to
determine whether there is just cause, as defined by the Texas Rules of
Disciplinary Procedure. 

(b)  Requires the chief disciplinary counsel, after reviewing and
investigating a complaint, to place the complaint on either a hearing
docket or dismissal docket if certain conditions are met. 

(c)  Requires a panel of a district grievance committee to consider each
complaint placed on the dismissal docket at a closed hearing without the
complainant or the respondent attorney present.  Authorizes the committee
to perform certain tasks. 

(d)  Requires a panel of a district grievance committee to conduct a
hearing on each complaint placed on the hearing docket.  Provides that the
commission and the respondent attorney are parties to the hearing, and the
chief disciplinary counsel presents the complainant's case at the hearing.
Authorizes each party to seek and the committee to issue a subpoena to
compel attendance and production of records before the panel.  Authorizes
each party to conduct limited discovery in general accordance with the
Texas Rules of Evidence as prescribed by the rules of the supreme court. 

(e)  Authorizes the panel of the district grievance committee, after
conducting a hearing, to perform certain functions.  

Sec.  81.0751.  APPEALS.  (a)  Authorizes the commission, on behalf of a
complainant, or a respondent, to appeal certain findings.   

(b)  Authorizes the Board of Disciplinary Appeals (board), in an appeal of
a finding of a panel of a district grievance committee made to the board,
to perform certain actions.   

Sec.  81.0752.  CONFIDENTIALITY.  (a)  Provides that all types of
information, proceedings, hearing transcripts, and statements presented to
a panel of a district grievance committee are confidential and may not be
disclosed to any person other than the chief disciplinary counsel unless
certain conditions are applicable. 

(b)  Requires the panel of the district grievance committee, if the
requirements of Subsection (a)(2) are met, on request, to make the
information, proceedings, hearing transcripts, or statements available to
the public. 

Sec.  81.0753.  RULES REGARDING GRIEVANCES.  Requires the supreme court to
promulgate rules regarding the classification and disposition of
grievances, including rules specifying time limits for each stage of the
grievance resolution process. 

SECTION 18.  Amends Section 81.079, Government Code, to make conforming
changes. 

SECTION 19.  Amends Section 81.113, Government Code, by adding Subsection
(c), to require the state bar to recognize, prepare, or administer
continuing education programs for members of the state bar.  Requires a
member of the state bar to participate in the programs to the extent
required by the supreme court to maintain the person's state bar
membership. 

SECTION 20.  Amends Chapter 81, Government Code, by adding Subchapter I,
as follows: 

SUBCHAPTER I.  EXECUTIVE COMMITTEE

Sec.  81.121.  EXECUTIVE COMMITTEE.  (a)  Provides that the executive
committee consists of certain individuals. 

(b)  Provides that the general counsel and executive director serve as ex
officio members of the committee. 

(c)  Provides that the president of the state bar serves as chair of the
committee. Provides that the chair of the board of directors serves as
vice chair of the committee and presides over committee meetings in the
committee chair's absence. 

Sec.  81.122.  DUTIES OF EXECUTIVE COMMITTEE.  Requires the executive
committee to perform certain tasks.   

Sec.  81.123.  APPROVAL OF COMMITTEES.  Requires the executive committee,
before  approving the creation of an additional standing or special
committee of the state bar, to perform certain functions. 

SECTION 21.  Repealer:  Section 81.020(e), Government Code (regarding the
information on qualifications for office or employment), and 81.029(1),
Government Code (regarding policies related to certain factors). 

SECTION 22.  Amends Subchapter B, Chapter 82, Government Code, by adding
Section 82.0242, as follows: 
 
Sec. 82.0242.  LAW STUDY REQUIREMENT;  CERTAIN STUDENTS.  (a)  Provides
that notwithstanding any other provision of law, the law study requirement
for taking the examination for a license to practice law is satisfied and
a person is eligible to take the bar examination if the person has pursued
the study of law in an approved law school or schools by satisfying all
requirements for graduation with a J.D. degree or its equivalent, except
for not more than 12 semester hours or its equivalent in quarter hours. 
 
(b)  Prohibits any person qualifying to take the bar examination under
Subsection (a) from being licensed to practice law until graduation or
satisfaction of all requirements for graduation. 
 
(c)  Requires the person's examination scores to be void, if any person
under Subsection (a) has not graduated with a J.D. degree or satisfied all
requirements for graduation within two years from the date that all parts
of the bar examination are satisfactorily completed. 
 
  (d)  Provides that this section expires September 1, 2004.
 
SECTION 23.  Amends Section 82.036, Government Code, as follows:
 
 Sec. 82.036.  FOREIGN ATTORNEYS.  (a)  Created from existing text.

(b)  Requires the rules adopted under this section to allow an attorney
licensed to practice law in another state to take the bar examination and,
on passing the examination, be admitted to practice law in this state,
provided that the state in which the attorney is licensed has reciprocal
provisions for attorneys licensed in this state, and the attorney
completed the law study requirements for admission at an approved or
unapproved law school, if the attorney meets certain requirements. 
 SECTION 24.  Amends Chapter 171, Local Government Code, by adding Section
171.010, as follows: 
 
Sec. 171.010.  PRACTICE OF LAW.  (a)  Provides that for purposes of this
chapter, a county judge or county commissioner engaged in the private
practice of law has a substantial interest in a business entity if the
official has entered a court appearance or signed court pleadings in a
matter relating to that business entity. 
 
(b)  Requires a county judge or county commissioner that has a substantial
interest in a business entity as described by Subsection (a) to comply
with this chapter. 

(c)  Prohibits a judge of a constitutional county court from entering a
court appearance or sign court pleadings as an attorney in any matter
before the court over which the judge presides or any court in this state
over which the judge's court exercises appellate jurisdiction. 
 
(d)  Authorizes a county judge or commissioner, upon compliance with this
chapter, to practice law in the courts located in the county where the
county judge or commissioner serves. 

SECTION 25.  Requires the executive director of the State Bar of Texas or
the executive director's designee, not later than January 1, 2004, to
prepare the written policy statement required by Section 81.029,
Government Code, as amended by this Act. 

SECTION 26.  Requires the supreme court, not later than January 1, 2004,
to adopt the rules and procedures required by Section 81.072, Government
Code, as amended by this Act, and Section 81.0753, Government Code, as
added by this Act.   

SECTION 27.(a)  Makes application of this Act prospective.  

 (b) Makes application of this Act prospective. 

(c)  Provides that Section 81.054, Government Code, as amended by this
Act, applies to membership fees for renewal of a membership in the State
Bar of Texas that become due on or after the effective date of this Act.   

(d)  Makes application of this Act prospective to January 1, 2004.

SECTION 28.  Requires the supreme court, as soon as practicable after the
effective date of this Act, to adopt rules to implement Section 82.036,
Government Code, as amended by this Act. 
 
SECTION 29.  Provides that Section 82.036, Government Code, as amended by
this Act, applies only to a person who files an application to take the
bar examination or an application for admission to the State Bar of Texas
on or after September 1, 2003. 
 
SECTION 30.  Effective date:  September 1, 2003.