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A BILL TO BE ENTITLED
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AN ACT
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relating to settlement and disposition of complaints against |
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attorneys filed with the state bar. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 81.075(e), Government Code, is amended |
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to read as follows: |
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(e) After conducting a hearing under Subsection (d), the |
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panel of the district grievance committee may: |
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(1) dismiss the complaint and refer it to the |
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voluntary mediation and dispute resolution procedure established |
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under Section 81.072(e); |
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(2) find that the respondent attorney suffers from a |
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disability and forward that finding to the Board of Disciplinary |
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Appeals for referral to a district disability committee; [or] |
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(3) find that professional misconduct occurred and |
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impose sanctions; or |
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(4) hold the complaint in abeyance pending the |
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satisfaction of the terms of a settlement agreement between the |
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complainant and the respondent attorney. |
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SECTION 2. Subchapter E, Chapter 81, Government Code, is |
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amended by adding Section 81.0754 to read as follows: |
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Sec. 81.0754. ABEYANCE PENDING SETTLEMENT. (a) If a |
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complainant and the responding attorney reach a settlement |
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agreement for a complaint filed under this chapter that is |
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conditioned on the responding attorney performing an act or paying |
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an amount of money, the complaint must be held in abeyance until the |
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responding attorney fully satisfies the conditions of the |
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settlement. |
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(b) A complainant may notify the chief disciplinary counsel |
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when the responding attorney fails to fully comply in a timely |
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manner with the conditions imposed by the settlement agreement |
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described by Subsection (a). On receipt of the notice from the |
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complainant, the chief disciplinary counsel shall notify the |
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responding attorney and resume the disciplinary process. The |
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complainant is not required to file a new or amended complaint for |
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the process to resume. |
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(c) If a complaint is held in abeyance under Subsection (a) |
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and the responding attorney notifies the chief disciplinary counsel |
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that the attorney fully complied in a timely manner with the |
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conditions imposed by the settlement agreement, a panel of a |
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district grievance committee may approve dismissal of the |
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complaint. |
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SECTION 3. Section 81.075, Government Code, as amended by |
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this Act, and Section 81.0754, Government Code, as added by this |
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Act, apply to a complaint filed on or after the effective date of |
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this Act. |
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SECTION 4. This Act takes effect September 1, 2019. |