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A BILL TO BE ENTITLED
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AN ACT
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relating to procedures for a complaint filed with the State Bar of |
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Texas against an attorney. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 81.075, Government Code, is amended by |
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amending Subsection (b) and adding Subsections (f) and (g) to read |
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as follows: |
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(b) After the chief disciplinary counsel reviews and |
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investigates a complaint: |
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(1) if the counsel finds there is no just cause, the |
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counsel shall place the complaint on a dismissal docket; or |
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(2) if the counsel finds just cause and a stay is not |
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ordered under Subsection (f): |
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(A) the respondent attorney may request a trial |
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in a district court on the complaint in accordance with the |
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procedures adopted by the supreme court; or |
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(B) the counsel shall place the complaint on a |
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hearing docket if the respondent attorney does not request a trial |
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in a district court. |
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(f) After the chief disciplinary counsel reviews and |
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investigates a complaint and finds just cause, the supreme court, |
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on its own motion or the motion of the respondent attorney, may |
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order a stay and reconsider the counsel's finding. After reviewing |
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the complaint and investigation, the supreme court may place the |
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complaint on a dismissal docket or affirm the finding of just cause. |
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(g) Unless a stay is ordered under Subsection (f), the |
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filing of a motion for stay and reconsideration under Subsection |
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(f) has no effect on a filing deadline or other time prescribed for |
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a trial or hearing under Subsection (b)(2). If the supreme court |
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does not grant or deny a motion for stay and reconsideration filed |
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under Subsection (f) on or before the 45th day after the date the |
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motion is filed, the motion is considered denied. |
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SECTION 2. The changes in law made by this Act apply only to |
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a grievance filed with the State Bar of Texas on or after the |
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effective date of this Act. A grievance filed before the effective |
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date of this Act is governed by the law in effect on the date the |
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grievance was filed, and the former law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |