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