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A BILL TO BE ENTITLED
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AN ACT
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relating to classification of certain grievances against an |
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attorney. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 81.073, Government Code, is amended by |
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amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) Except as provided by Subsection (c), the [The] chief |
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disciplinary counsel's office shall classify each grievance on |
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receipt as: |
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(1) a complaint, if the grievance alleges conduct |
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that, if true, constitutes professional misconduct or disability |
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cognizable under the Texas Disciplinary Rules of Professional |
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Conduct; or |
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(2) an inquiry, if: |
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(A) the grievance alleges conduct that, even if |
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true, does not constitute professional misconduct or disability |
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cognizable under the Texas Disciplinary Rules of Professional |
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Conduct; or |
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(B) the respondent attorney is deceased, has |
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relinquished the attorney's license to practice law in this state |
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to avoid disciplinary action, or is not licensed to practice law in |
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this state. |
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(c) A grievance may not be classified as a complaint or an |
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inquiry if the grievance was filed: |
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(1) by a person convicted of a felony offense with whom |
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the attorney did not have an attorney-client relationship; |
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(2) by a person who has been declared a vexatious |
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litigant as provided by Chapter 11, Civil Practice and Remedies |
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Code; or |
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(3) against an attorney who was not acting in the |
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capacity of an attorney when performing the action that is the |
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subject of the grievance. |
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SECTION 2. The change in law made by this Act applies only |
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to a grievance received on or after the effective date of this Act. |
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A grievance received before the effective date of this Act is |
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governed by the law in effect immediately before the effective date |
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of this Act, and that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |