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A BILL TO BE ENTITLED
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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 a 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 who |
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does not have a cognizable individual interest in or connection to |
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the legal matter or facts alleged in the grievance; 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 to |
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the Board of Disciplinary Appeals, or the complainant may amend and |
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resubmit the grievance. [An attorney against whom a grievance is |
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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. |