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AN ACT
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relating to the classification of a grievance filed with the State |
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Bar of Texas. |
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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 to |
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read as follows: |
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Sec. 81.073. CLASSIFICATION OF GRIEVANCES. (a) 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: |
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(A) alleges conduct that, if true, constitutes |
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professional misconduct or disability cognizable under the Texas |
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Disciplinary Rules of Professional Conduct; and |
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(B) is submitted by: |
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(i) a family member of a ward in a |
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guardianship proceeding that is the subject of the grievance; |
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(ii) a family member of a decedent in a |
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probate matter that is the subject of the grievance; |
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(iii) a trustee of a trust or an executor of |
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an estate if the matter that is the subject of the grievance relates |
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to the trust or estate; |
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(iv) the judge, prosecuting attorney, |
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defense attorney, court staff member, or juror in the legal matter |
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that is the subject of the grievance; |
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(v) a trustee in a bankruptcy that is the |
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subject of the grievance; or |
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(vi) any other person who has a cognizable |
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individual interest in or connection to the legal matter or facts |
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alleged in the grievance; 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; |
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(B) the grievance is submitted by a person other |
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than a person described by Subdivision (1)(B); or |
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(C) [(B)] the respondent attorney is deceased, |
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has relinquished the attorney's license to practice law in this |
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state to avoid disciplinary action, or is not licensed to practice |
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law in this state. |
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(b) A complainant or an attorney against whom a grievance is |
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filed may appeal the classification of a grievance [as an inquiry] |
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to the Board of Disciplinary Appeals, or the complainant may amend |
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and resubmit the grievance. [An attorney against whom a grievance |
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is filed may not appeal the classification of the grievance.] |
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SECTION 2. Section 81.074, Government Code, is amended to |
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read as follows: |
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Sec. 81.074. DISPOSITION OF INQUIRIES. The chief |
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disciplinary counsel shall: |
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(1) dismiss a grievance classified as an inquiry; and |
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(2) refer each inquiry classified under Section |
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81.073(a)(2)(A) or (B) and dismissed under this section 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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SECTION 3. The changes in law made by this Act apply only to |
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a grievance filed on or after the effective date of this Act. A |
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grievance filed before the effective date of this Act is governed by |
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the law in effect on the date the grievance was filed, and the |
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former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 5010 was passed by the House on May 2, |
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2023, by the following vote: Yeas 93, Nays 49, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 5010 on May 24, 2023, by the following vote: Yeas 101, Nays 44, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 5010 was passed by the Senate, with |
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amendments, on May 19, 2023, by the following vote: Yeas 22, Nays |
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8, 1 present, not voting. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |