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A BILL TO BE ENTITLED
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AN ACT
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relating to the disclosure of a lack of professional liability |
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insurance coverage by certain attorneys. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter H, Chapter 81, Government Code, is |
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amended by adding Section 81.117 to read as follows: |
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Sec. 81.117. DISCLOSURE OF LACK OF PROFESSIONAL LIABILITY |
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INSURANCE. (a) The supreme court shall promulgate rules that |
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require an attorney engaged in the practice of law in this state who |
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is not covered by professional liability insurance covering claims |
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arising from providing or failing to provide legal services to: |
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(1) display in a prominent location in the attorney's |
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place of business a notice stating that the attorney is not covered |
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by professional liability insurance; or |
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(2) provide notice of that information in another |
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manner to the attorney's clients and prospective clients. |
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(b) In promulgating rules under this section, the supreme |
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court shall: |
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(1) specify the form and content of the notice |
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described by Subsection (a); and |
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(2) provide for enforcement of the rules promulgated |
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under this section, including providing that a person may file a |
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grievance, and the state bar may take disciplinary action for a |
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violation, in the same manner that a grievance is filed and the |
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state bar takes disciplinary action for conduct that constitutes |
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professional misconduct under the Texas Disciplinary Rules of |
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Professional Conduct. |
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SECTION 2. The Texas Supreme Court shall adopt rules as |
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required by Section 81.117, Government Code, as added by this Act, |
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not later than December 1, 2009. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |