reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter B. Administrative Provisions › Section 81.031. Conflict of Interest

Sec. 81.031.  CONFLICT OF INTEREST.  (a)  The executive director and the general counsel of the state bar are subject to Chapter 572.
(b)  A person may not serve as a member of the board of directors or as the general counsel to the state bar if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the state bar.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 304, Sec. 3.12, eff. Jan. 1, 1992;  Acts 1991, 72nd Leg., ch. 795, Sec. 14, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(41), eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter B. Administrative Provisions › Section 81.032. Deputy Clerk

Sec. 81.032.  DEPUTY CLERK.  (a)  The clerk of the supreme court, with the permission of the court, may employ a deputy to assist the clerk in discharging the duties imposed on the clerk by this chapter or by rules promulgated under this chapter.
(b)  The board of directors of the state bar shall set the deputy's salary.  The salary shall be paid from state bar funds.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter B. Administrative Provisions › Section 81.033. Open Records

Sec. 81.033.  OPEN RECORDS.  (a)  All records of the state bar, except for records pertaining to grievances that are confidential under the Texas Rules of Disciplinary Procedure, and records pertaining to the Texas Board of Legal Specialization, are subject to Chapter 552.
(b)  The use of confidential records and information for purposes of the client security fund does not waive confidentiality or privilege.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 795, Sec. 15, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(93), eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter B. Administrative Provisions › Section 81.034. Restriction on Use of Funds

Sec. 81.034.  RESTRICTION ON USE OF FUNDS.  Fees collected under this chapter and other funds received by the state bar may not be used for influencing the passage or defeat of any legislative measure unless the measure relates to the regulation of the legal profession, improving the quality of legal services, or the administration of justice and the amount of the expenditure is reasonable and necessary.  This subsection does not prohibit a member of the board of directors or an officer or employee of the state bar from furnishing information in the person's possession that is not confidential information to a member or committee of the legislature on request of the member or committee.
Added by Acts 1991, 72nd Leg., ch. 795, Sec. 16, eff. Sept. 1, 1991.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter B. Administrative Provisions › Section 81.035. Information Regarding Requirements for Office or Employment

Sec. 81.035.  INFORMATION REGARDING REQUIREMENTS FOR OFFICE OR EMPLOYMENT.  The executive director or the executive director's designee shall provide to members of the board of directors and to agency employees, as often as necessary, information regarding the requirements for office or employment under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees.
Added by Acts 2003, 78th Leg., ch. 227, Sec. 12, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter B. Administrative Provisions › Section 81.036. Information on Certain Complaints

Sec. 81.036.  INFORMATION ON CERTAIN COMPLAINTS.  (a)  The state bar shall maintain a file on each written complaint, other than a grievance against an attorney, filed with the state bar.  The file must include:
(1)  the name of the person who filed the complaint;
(2)  the date the complaint is received by the state bar;
(3)  the subject matter of the complaint;
(4)  the name of each person contacted in relation to the complaint;
(5)  a summary of the results of the review or investigation of the complaint;  and
(6)  an explanation of the reason the file was closed, if the state bar closed the file without taking action other than to investigate the complaint.
(b)  The state bar shall provide to the person filing the complaint and to each person who is a subject of the complaint a copy of the state bar's policies and procedures relating to complaint investigation and resolution.
(c)  The state bar, at least quarterly until final disposition of the complaint, shall notify the person filing the complaint and each person who is a subject of the complaint of the status of the investigation unless the notice would jeopardize an undercover investigation.
Added by Acts 2003, 78th Leg., ch. 227, Sec. 12, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter B. Administrative Provisions › Section 81.038. Use of Technology

Sec. 81.038.  USE OF TECHNOLOGY.  The board of directors shall develop and implement a policy requiring the executive director and state bar employees to research and propose appropriate technological solutions to improve the state bar's ability to perform its functions.  The technological solutions must:
(1)  ensure that the public is able to easily find information about the state bar on the Internet;
(2)  ensure that persons who want to use the state bar's services are able to:
(A)  interact with the state bar through the Internet;  and
(B)  access any service that can be provided effectively through the Internet;  and
(3)  be cost-effective and developed through the state bar's planning processes.
Added by Acts 2003, 78th Leg., ch. 227, Sec. 12, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter C. Membership › Section 81.051. Bar Membership Required

Sec. 81.051.  BAR MEMBERSHIP REQUIRED.  (a)  The state bar is composed of those persons licensed to practice law in this state.  Bar members are subject to this chapter and to the rules adopted by the supreme court.
(b)  Each person licensed to practice law in this state shall, not later than the 10th day after the person's admission to practice, enroll in the state bar by registering with the clerk of the supreme court.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter C. Membership › Section 81.052. Membership Classes

Sec. 81.052.  MEMBERSHIP CLASSES.  (a)  A bar membership is one of four classes:  active, inactive, emeritus, or associate.
(b)  Each licensed member of the state bar is an active member until the person requests to be enrolled as an inactive member.
(c)  An inactive member is a person who:
(1)  is eligible for active membership but not engaged in the practice of law in this state;  and
(2)  has filed with the executive director and the clerk of the supreme court written notice requesting enrollment as an inactive member.
(d)  An inactive member at his request may become an active member on application and payment of required fees.
(e)  An emeritus member is a person who:
(1)  is either an active or inactive member in good standing who is at least 70 years old;  and
(2)  has filed a written notice requesting enrollment as an emeritus member.
(f)  A person enrolled in law school in this state may be enrolled as an associate member.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter C. Membership › Section 81.053. Status of Certain Membership Classes

Sec. 81.053.  STATUS OF CERTAIN MEMBERSHIP CLASSES.  (a)  An inactive member may not practice law in this state, except as provided by rule promulgated by the supreme court for volunteer practice, and may not hold an office in the state bar or vote in any election conducted by the state bar.
(b)  An emeritus member has all the privileges of membership in the state bar.
(c)  An associate member may not practice law, except as provided by rule promulgated by the supreme court, and may not hold office in the state bar or vote in any election conducted by the state bar.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 795, Sec. 17, eff. Sept. 1, 1991.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 87 (H.B. 1020), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter D. Admission to Practice › Section 81.061. Supreme Court Jurisdiction Exclusive

Sec. 81.061.  SUPREME COURT JURISDICTION EXCLUSIVE.  Rules governing the admission to the practice of law are within the exclusive jurisdiction of the supreme court.  The officers and directors of the state bar do not have authority to approve or disapprove of any rule governing admissions to the practice of law or to regulate or administer those admissions standards.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter D. Admission to Practice › Section 81.062. State Bar Admission and Religious Belief

Sec. 81.062.  STATE BAR ADMISSION AND RELIGIOUS BELIEF.  In establishing the rules governing the admission to the practice of law under Section 81.061, the supreme court shall ensure that no rule violates Chapter 110, Civil Practice and Remedies Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 531 (S.B. 302), Sec. 6, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter E. Discipline › Section 81.071. Disciplinary Jurisdiction

Sec. 81.071.  DISCIPLINARY JURISDICTION.  Each attorney admitted to practice in this state and each attorney specially admitted by a court of this state for a particular proceeding is subject to the disciplinary and disability jurisdiction of the supreme court and the Commission for Lawyer Discipline, a committee of the state bar.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 795, Sec. 19, eff. Sept. 1, 1991.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter E. Discipline › Section 81.073. Classification of Grievances

Sec. 81.073.  CLASSIFICATION OF GRIEVANCES.  (a)  The chief disciplinary counsel's office shall classify each grievance on receipt as:
(1)  a complaint, if the grievance:
(A)  alleges conduct that, if true, constitutes professional misconduct or disability cognizable under the Texas Disciplinary Rules of Professional Conduct; and
(B)  is submitted by:
(i)  a family member of a ward in a guardianship proceeding that is the subject of the grievance;
(ii)  a family member of a decedent in a probate matter that is the subject of the grievance;
(iii)  a trustee of a trust or an executor of an estate if the matter that is the subject of the grievance relates to the trust or estate;
(iv)  the judge, prosecuting attorney, defense attorney, court staff member, or juror in the legal matter that is the subject of the grievance;
(v)  a trustee in a bankruptcy that is the subject of the grievance; or
(vi)  any other person who has a cognizable individual interest in or connection to the legal matter or facts alleged in the grievance; or
(2)  an inquiry, if:
(A)  the grievance alleges conduct that, even if true, does not constitute professional misconduct or disability cognizable under the Texas Disciplinary Rules of Professional Conduct;
(B)  the grievance is submitted by a person other than a person described by Subdivision (1)(B); or
(C)  the respondent attorney is deceased, has relinquished the attorney's license to practice law in this state to avoid disciplinary action, or is not licensed to practice law in this state.
(b)  A complainant or an attorney against whom a grievance is filed may appeal the classification of a grievance to the Board of Disciplinary Appeals, or the complainant may amend and resubmit the grievance.
Added by Acts 2003, 78th Leg., ch. 227, Sec. 17, eff. Sept. 1, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1020 (H.B. 5010), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter E. Discipline › Section 81.074. Disposition of Inquiries

Sec. 81.074.  DISPOSITION OF INQUIRIES.  The chief disciplinary counsel shall:
(1)  dismiss a grievance classified as an inquiry; and
(2)  refer each inquiry classified under Section 81.073(a)(2)(A) or (B) and dismissed under this section to the voluntary mediation and dispute resolution procedure established under Section 81.072(e).
Added by Acts 2003, 78th Leg., ch. 227, Sec. 17, eff. Sept. 1, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1020 (H.B. 5010), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter E. Discipline › Section 81.075. Disposition of Complaints

Sec. 81.075.  DISPOSITION OF COMPLAINTS.  (a)  The chief disciplinary counsel shall review and investigate each grievance classified as a complaint to determine whether there is just cause, as defined by the Texas Rules of Disciplinary Procedure.
(b)  After the chief disciplinary counsel reviews and investigates a complaint:
(1)  if the counsel finds there is no just cause, the counsel shall place the complaint on a dismissal docket;  or
(2)  if the counsel finds just cause:
(A)  the respondent attorney may request a trial in a district court on the complaint in accordance with the procedures adopted by the supreme court;  or
(B)  the counsel shall place the complaint on a hearing docket if the respondent attorney does not request a trial in a district court.
(c)  A panel of a district grievance committee shall consider each complaint placed on the dismissal docket at a closed hearing without the complainant or the respondent attorney present.  The panel may:
(1)  approve the dismissal of the complaint and refer the complaint to the voluntary mediation and dispute resolution procedure established under Section 81.072(e);  or
(2)  deny the dismissal of the complaint and place the complaint on a hearing docket.
(d)  A panel of a district grievance committee shall conduct a hearing on each complaint placed on the hearing docket.  The commission and the respondent attorney are parties to the hearing, and the chief disciplinary counsel presents the complainant's case at the hearing.  Each party may seek and the panel may issue a subpoena to compel attendance and production of records before the panel.  Each party may conduct limited discovery in general accordance with the Texas Rules of Civil Procedure as prescribed by rules of the supreme court.
(e)  After conducting a hearing under Subsection (d), the panel of the district grievance committee may:
(1)  dismiss the complaint and refer it to the voluntary mediation and dispute resolution procedure established under Section 81.072(e);
(2)  find that the respondent attorney suffers from a disability and forward that finding to the Board of Disciplinary Appeals for referral to a district disability committee;  or
(3)  find that professional misconduct occurred and impose sanctions.
(f)  If the panel of a district grievance committee finds an attorney knowingly made a false declaration on an application for a place on the ballot as a candidate for judicial office under Section 141.0311, Election Code, the committee shall impose a public sanction against the respondent attorney.
Added by Acts 2003, 78th Leg., ch. 227, Sec. 17, eff. Sept. 1, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 716 (H.B. 2384), Sec. 8, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter E. Discipline › Section 81.0751. Appeals

Sec. 81.0751.  APPEALS.  (a)  The commission or a respondent attorney may appeal:
(1)  a finding of a panel of a district grievance committee under Section 81.075(e) only to the Board of Disciplinary Appeals;
(2)  a finding of the Board of Disciplinary Appeals to the supreme court;  and
(3)  a judgment of a district court as in civil cases generally.
(b)  In an appeal of a finding of a panel of a district grievance committee made to the Board of Disciplinary Appeals, the board may:
(1)  affirm in whole or part the panel's finding;
(2)  modify the panel's finding and affirm the finding as modified;
(3)  reverse in whole or part the panel's finding and enter a finding the board determines the panel should have entered;  or
(4)  reverse the panel's finding and remand the complaint for a rehearing to be conducted by:
(A)  the panel that entered the finding;  or
(B)  a statewide grievance committee panel composed of members selected from the state bar districts other than the district from which the appeal was taken.
Added by Acts 2003, 78th Leg., ch. 227, Sec. 17, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter E. Discipline › Section 81.0752. Confidentiality

Sec. 81.0752.  CONFIDENTIALITY.  (a)  All types of information, proceedings, hearing transcripts, and statements presented to a panel of a district grievance committee are confidential and may not be disclosed to any person other than the chief disciplinary counsel unless:
(1)  disclosure is ordered by a court;  or
(2)  the panel finds that professional misconduct occurred and a sanction other than a private reprimand is imposed against the respondent attorney.
(b)  If the requirements of Subsection (a)(2) are met, the panel of the district grievance committee shall, on request, make the information, proceedings, hearing transcripts, or statements available to the public.
Added by Acts 2003, 78th Leg., ch. 227, Sec. 17, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter E. Discipline › Section 81.0753. Rules Regarding Grievances

Sec. 81.0753.  RULES REGARDING GRIEVANCES.  The supreme court shall promulgate rules regarding the classification and disposition of grievances, including rules specifying time limits for each stage of the grievance resolution process.
Added by Acts 2003, 78th Leg., ch. 227, Sec. 17, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter E. Discipline › Section 81.077. Disbarment Proceedings

Sec. 81.077.  DISBARMENT PROCEEDINGS.  (a)  The supreme court may not adopt or promulgate any rule abrogating the right of trial by jury of an accused attorney in a disbarment action in the county of the residence of the accused attorney.
(b)  A disbarment proceeding against a resident attorney shall be instituted in a district court in the county of the attorney's residence, but the accused attorney may apply for change of venue under Rule 257, Texas Rules of Civil Procedure.
(c)  This chapter does not prohibit a grievance committee from investigating a complaint of professional misconduct alleged to have occurred in the geographical area served by the committee, but any action must be filed in the county of the attorney's residence.
(d)  Venue in a disbarment proceeding against a nonresident member of the state bar is in a district court either in Travis County or in any county where the alleged misconduct occurred.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 795, Sec. 22, eff. Sept. 1, 1991.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter E. Discipline › Section 81.078. Disciplinary Proceedings

Sec. 81.078.  DISCIPLINARY PROCEEDINGS.  (a)  Except as provided by Subsection (b), until an attorney has been convicted of the charges for disbarment pending against the attorney in a court of competent jurisdiction, the attorney may be suspended from the practice of law only if the attorney concurs in an order of suspension entered by the grievance committee.
(b)  On proof of an attorney's conviction in a trial court of competent jurisdiction of any felony involving moral turpitude or of any misdemeanor involving the theft, embezzlement, or fraudulent misappropriation of money or other property, the district court of the county of the residence of the convicted attorney shall enter an order suspending the attorney from the practice of law during the pendency of any appeals from the conviction.  An attorney who has been given probation after the conviction, whether adjudicated or unadjudicated, shall be suspended from the practice of law during the probation.
(c)  On proof of final conviction of any felony involving moral turpitude or any misdemeanor involving theft, embezzlement, or fraudulent misappropriation of money or other property, the district court of the county of the residence of the convicted attorney shall enter an order disbarring the attorney.
(d)  In an action to disbar any attorney for acts made the basis of a conviction for a felony involving moral turpitude or a misdemeanor involving theft, embezzlement, or fraudulent misappropriation of money or other property, the record of conviction is conclusive evidence of the guilt of the attorney for the crime of which he was convicted.
(e)  Either the grievance committee for the bar district or the general counsel may seek enforcement of this section.
(f)  This chapter does not prevent prosecution of an attorney in a disciplinary action after conviction for a criminal act based either on the weight of the conviction or on conduct by the attorney that led to the attorney's conviction.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter E. Discipline › Section 81.079. Public Notification and Information

Sec. 81.079.  PUBLIC NOTIFICATION AND INFORMATION.  (a)  To provide information to the public relating to the attorney grievance process, the state bar shall:
(1)  develop a brochure written in Spanish and English describing the bar's grievance process;
(2)  establish a toll-free "800" telephone number for public access to the chief disciplinary counsel's office in Austin and list the number in telephone directories statewide;
(3)  describe the bar's grievance process in the bar's telephone directory listings statewide;  and
(4)  make grievance forms written in Spanish and English available in each county courthouse.
(b)  Each attorney practicing law in this state shall provide notice to each of the attorney's clients of the existence of a grievance process by:
(1)  making grievance brochures prepared by the state bar available at the attorney's place of business;
(2)  posting a sign prominently displayed in the attorney's place of business describing the process;
(3)  including the information on a written contract for services with the client;  or
(4)  providing the information in a bill for services to the client.
Added by Acts 1991, 72nd Leg., ch. 795, Sec. 23, eff. Sept. 1, 1991.  Amended by Acts 2003, 78th Leg., ch. 227, Sec. 18, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter E. Discipline › Section 81.080. Issuance of Subpoena; Objection

Sec. 81.080.  ISSUANCE OF SUBPOENA; OBJECTION.  (a)  On approval of the presiding officer of the appropriate district grievance committee, the chief disciplinary counsel may, during an investigation of a grievance, issue a subpoena that relates directly to a specific allegation of attorney misconduct.
(b)  The chief disciplinary counsel shall provide a process for a respondent to object to a subpoena issued under this section.
Added by Acts 2017, 85th Leg., R.S., Ch. 531 (S.B. 302), Sec. 9, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter E. Discipline › Section 81.081. Attorney Self-Reporting

Sec. 81.081.  ATTORNEY SELF-REPORTING.  The chief disciplinary counsel shall develop guidelines and a procedure for an attorney to self-report:
(1)  any criminal offense committed by the attorney; and
(2)  any disciplinary action taken by another state's bar against the attorney.
Added by Acts 2017, 85th Leg., R.S., Ch. 531 (S.B. 302), Sec. 9, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter E. Discipline › Section 81.082. Process to Identify Complaints Suitable for Settlement or Investigatory Hearing

Sec. 81.082.  PROCESS TO IDENTIFY COMPLAINTS SUITABLE FOR SETTLEMENT OR INVESTIGATORY HEARING.  (a)  The chief disciplinary counsel shall develop a process to identify a complaint that is appropriate for a settlement attempt or an investigatory hearing before a trial is requested or the complaint is placed on a hearing docket.
(b)  The chief disciplinary counsel may authorize a settlement at any time during the disciplinary process.
Added by Acts 2017, 85th Leg., R.S., Ch. 531 (S.B. 302), Sec. 9, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter E. Discipline › Section 81.083. Sanction Guidelines

Sec. 81.083.  SANCTION GUIDELINES.  (a)  The chief disciplinary counsel shall propose and the supreme court shall adopt by rule sanction guidelines to:
(1)  associate a specific rule violation or ethical misconduct with a range of appropriate sanctions;
(2)  provide aggravating and mitigating factors that justify deviating from the established sanctions; and
(3)  provide consistency between complaints heard by a district grievance committee and complaints heard by a district court.
(b)  The chief disciplinary counsel shall ensure that interested parties are provided an opportunity to comment on the proposed sanction guidelines.
(c)  The sanction guidelines adopted under this section do not limit the authority of a district grievance committee or of a district judge to make a finding or issue a decision.
Added by Acts 2017, 85th Leg., R.S., Ch. 531 (S.B. 302), Sec. 9, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter E. Discipline › Section 81.084. Grievance Tracking System

Sec. 81.084.  GRIEVANCE TRACKING SYSTEM.  (a)  The chief disciplinary counsel shall create and maintain a grievance tracking system for grievances filed and disciplinary decisions issued under this subchapter.
(b)  The grievance tracking system must:
(1)  associate each rule violation or instance of ethical misconduct with the sanction imposed or final action taken for the violation or misconduct in a diversionary procedure adopted under state bar rules;
(2)  address whether a sanction decision aligns with the sanction guidelines adopted under Section 81.083;
(3)  specify the district grievance committee or district judge that imposed the sanction to evaluate sanction patterns within the disciplinary districts and facilitate training for district grievance committee members; and
(4)  include sufficient information to evaluate and track disciplinary trends over time.
(c)  The chief disciplinary counsel shall:
(1)  periodically evaluate and report information gathered in the grievance tracking system to the commission and district grievance committee members; and
(2)  post the information reported under Subdivision (1) on the state bar's Internet website.
Added by Acts 2017, 85th Leg., R.S., Ch. 531 (S.B. 302), Sec. 9, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter E. Discipline › Section 81.085. Regular Search of National Lawyer Regulatory Data Bank

Sec. 81.085.  REGULAR SEARCH OF NATIONAL LAWYER REGULATORY DATA BANK.  The chief disciplinary counsel shall establish a process to regularly search the National Lawyer Regulatory Data Bank maintained by the American Bar Association to identify a member of the state bar who is disciplined in another state.
Added by Acts 2017, 85th Leg., R.S., Ch. 531 (S.B. 302), Sec. 9, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter E. Discipline › Section 81.086. Teleconference

Sec. 81.086.  TELECONFERENCE.  The chief disciplinary counsel may hold investigatory and disciplinary hearings by teleconference.
Added by Acts 2017, 85th Leg., R.S., Ch. 531 (S.B. 302), Sec. 9, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter E. -1. Committee on Disciplinary Rules and Referenda; Disciplinary Rule Proposal Process › Section 81.0871. Definition

Sec. 81.0871.  DEFINITION.  In this subchapter, "committee" means the Committee on Disciplinary Rules and Referenda.
Added by Acts 2017, 85th Leg., R.S., Ch. 531 (S.B. 302), Sec. 10, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter E. -1. Committee on Disciplinary Rules and Referenda; Disciplinary Rule Proposal Process › Section 81.0872. Establishment of Committee

Sec. 81.0872.  ESTABLISHMENT OF COMMITTEE.  (a)  The committee consists of nine members, including:
(1)  three attorneys appointed by the president of the state bar;
(2)  one nonattorney public member appointed by the president of the state bar;
(3)  four attorneys appointed by the supreme court; and
(4)  one nonattorney public member appointed by the supreme court.
(b)  The president of the state bar and the chief justice of the supreme court shall alternate designating an attorney member of the committee to serve as the presiding officer of the committee for a term of one year.
(c)  Committee members serve staggered three-year terms, with one-third of the members' terms expiring each year.
Added by Acts 2017, 85th Leg., R.S., Ch. 531 (S.B. 302), Sec. 10, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter E. -1. Committee on Disciplinary Rules and Referenda; Disciplinary Rule Proposal Process › Section 81.0873. Committee Duties

Sec. 81.0873.  COMMITTEE DUTIES.  The committee shall:
(1)  regularly review the Texas Disciplinary Rules of Professional Conduct and the Texas Rules of Disciplinary Procedure;
(2)  at least annually issue to the supreme court and the board of directors a report on the adequacy of the rules reviewed under Subdivision (1); and
(3)  oversee the initial process for proposing a disciplinary rule under Section 81.0875.
Added by Acts 2017, 85th Leg., R.S., Ch. 531 (S.B. 302), Sec. 10, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter E. -1. Committee on Disciplinary Rules and Referenda; Disciplinary Rule Proposal Process › Section 81.0874. Staff Attorney

Sec. 81.0874.  STAFF ATTORNEY.  The state bar may hire a staff attorney to assist the committee.
Added by Acts 2017, 85th Leg., R.S., Ch. 531 (S.B. 302), Sec. 10, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter E. -1. Committee on Disciplinary Rules and Referenda; Disciplinary Rule Proposal Process › Section 81.0875. Initiation of Rule Proposal Process

Sec. 81.0875.  INITIATION OF RULE PROPOSAL PROCESS.  (a)  The committee may initiate the process for proposing a disciplinary rule for the state bar as the committee considers necessary or in conjunction with the review of the Texas Disciplinary Rules of Professional Conduct and the Texas Rules of Disciplinary Procedure under Section 81.0873(1).
(b)  Not later than the 60th day after the date the committee receives a request to initiate the process for proposing a disciplinary rule, the committee shall:
(1)  initiate the process; or
(2)  issue a written decision declining to initiate the process and the reasons for declining.
(c)  A request to initiate the process for proposing a disciplinary rule under Subsection (b) may be made by:
(1)  a resolution of the board of directors;
(2)  a request of the supreme court;
(3)  a request of the commission;
(4)  a petition signed by at least 10 percent of the registered members of the state bar;
(5)  a concurrent resolution of the legislature; or
(6)  a petition signed by at least 20,000 people, of which at least 51 percent, or 10,200 or more, must be residents of this state.
Added by Acts 2017, 85th Leg., R.S., Ch. 531 (S.B. 302), Sec. 10, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter E. -1. Committee on Disciplinary Rules and Referenda; Disciplinary Rule Proposal Process › Section 81.0876. Rule Proposal

Sec. 81.0876.  RULE PROPOSAL.  (a)  On initiation of the process for proposing a disciplinary rule, the committee shall:
(1)  study the issue to be addressed by the proposed rule;
(2)  hold a public hearing on the issue;
(3)  draft the proposed rule, which may not address more than one subject; and
(4)  make all reasonable efforts to solicit comments from different geographic regions in this state, nonattorney members of the public, and members of the state bar.
(b)  A proposed disciplinary rule is withdrawn six months after the date the rule proposal process is initiated under Section 81.0875(b)(1) if the proposed disciplinary rule is not published on or before that date in:
(1)  the Texas Register; and
(2)  the Texas Bar Journal.
(c)  The committee shall give interested parties at least 30 days from the date the proposed disciplinary rule is published as required under Subsection (b) to submit comments on the rule to the committee.
(d)  The committee shall hold a public hearing on the proposed disciplinary rule if, during the comment period described by Subsection (c), the hearing is requested by:
(1)  at least 25 people;
(2)  a state agency or political subdivision of this state; or
(3)  an association with at least 25 members.
(e)  On conclusion of the comment period described by Subsection (c), the committee may amend the proposed disciplinary rule in response to the comments.
(f)  The committee shall vote on whether to recommend a proposed disciplinary rule to the board of directors not later than the 60th day after the final day of the comment period described by Subsection (c).  The committee may not recommend a proposed disciplinary rule unless at least five members of the committee favor recommendation.
(g)  The committee shall submit a proposed disciplinary rule that is recommended by the committee to the board of directors for review and consideration.
Added by Acts 2017, 85th Leg., R.S., Ch. 531 (S.B. 302), Sec. 10, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter E. -1. Committee on Disciplinary Rules and Referenda; Disciplinary Rule Proposal Process › Section 81.0877. Approval of Proposed Disciplinary Rule by Board of Directors

Sec. 81.0877.   APPROVAL OF PROPOSED DISCIPLINARY RULE BY BOARD OF DIRECTORS.  (a)  The board of directors shall vote on each proposed disciplinary rule recommended by the committee not later than the 120th day after the date the rule is received from the committee.  The board shall vote for or against the rule or return the rule to the committee for additional consideration.
(b)  If a proposed disciplinary rule is approved by a majority of the directors, the board of directors shall petition the supreme court to order a referendum as provided by Section 81.0878 on the rule by the members of the state bar.
Added by Acts 2017, 85th Leg., R.S., Ch. 531 (S.B. 302), Sec. 10, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter E. -1. Committee on Disciplinary Rules and Referenda; Disciplinary Rule Proposal Process › Section 81.0878. Referendum Vote by State Bar Members

Sec. 81.0878.  REFERENDUM VOTE BY STATE BAR MEMBERS.  (a)  On receipt of a petition filed by the board of directors under Section 81.0877(b), the supreme court shall:
(1)  distribute a copy of the rule in ballot form to each member of the state bar and order a vote on the rule; and
(2)  publish the rule in:
(A)  the Texas Register; and
(B)  the Texas Bar Journal.
(b)  The supreme court shall give state bar members:
(1)  at least 30 days to consider a proposed disciplinary rule before voting begins; and
(2)  30 days to vote on the proposed disciplinary rule following the period for considering the proposed rule under Subdivision (1).
(c)  The state bar shall provide proponents and opponents of a proposed disciplinary rule an equal opportunity to present their views at any bar-sponsored forum at which the rule referendum is discussed.
(d)  One or more proposed disciplinary rules may appear on a single referendum ballot.  State bar members shall vote for or against each rule.  If a majority of the members who vote on the proposed rule vote in favor of the rule, the rule is approved by the members of the state bar.
Added by Acts 2017, 85th Leg., R.S., Ch. 531 (S.B. 302), Sec. 10, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter E. -1. Committee on Disciplinary Rules and Referenda; Disciplinary Rule Proposal Process › Section 81.0879. Supreme Court Approval or Rejection

Sec. 81.0879.  SUPREME COURT APPROVAL OR REJECTION.  The supreme court by majority vote may approve or reject a proposed disciplinary rule in its entirety, but may not approve or reject only part of the rule.  If the supreme court does not vote on the rule on or before the 120th day after the date the rule is approved by bar members under Section 81.0878, the rule is considered approved by the supreme court.
Added by Acts 2017, 85th Leg., R.S., Ch. 531 (S.B. 302), Sec. 10, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter E. -1. Committee on Disciplinary Rules and Referenda; Disciplinary Rule Proposal Process › Section 81.08791. Rule Deliberations

Sec. 81.08791.  RULE DELIBERATIONS.  (a)  The committee, the board of directors, or the supreme court shall provide notice of any deliberation on a proposed disciplinary rule, and the deliberation must be open to the public.
(b)  The board of directors and the supreme court shall record and make public each vote for or against a proposed disciplinary rule.
Added by Acts 2017, 85th Leg., R.S., Ch. 531 (S.B. 302), Sec. 10, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter E. -1. Committee on Disciplinary Rules and Referenda; Disciplinary Rule Proposal Process › Section 81.08792. Proposed Disciplinary Rule Approval Required Before Adoption

Sec. 81.08792.  PROPOSED DISCIPLINARY RULE APPROVAL REQUIRED BEFORE ADOPTION.  A proposed disciplinary rule may not be adopted by the supreme court unless the rule is approved by:
(1)  the committee;
(2)  the board of directors;
(3)  the members of the state bar; and
(4)  the supreme court.
Added by Acts 2017, 85th Leg., R.S., Ch. 531 (S.B. 302), Sec. 10, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter E. -1. Committee on Disciplinary Rules and Referenda; Disciplinary Rule Proposal Process › Section 81.08793. Use of Technology

Sec. 81.08793.  USE OF TECHNOLOGY.  The supreme court, the committee, and the state bar shall use technological solutions throughout the disciplinary rule proposal process to promote:
(1)  financial efficiency; and
(2)  comments from interested persons.
Added by Acts 2017, 85th Leg., R.S., Ch. 531 (S.B. 302), Sec. 10, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter E. -1. Committee on Disciplinary Rules and Referenda; Disciplinary Rule Proposal Process › Section 81.08794. Expired Time and Defeated Rule Proposal

Sec. 81.08794.  EXPIRED TIME AND DEFEATED RULE PROPOSAL.  (a)  If a time limit provided by this subchapter expires or a disciplinary rule proposal is otherwise defeated, the process for initiating the proposed disciplinary rule may again be initiated in accordance with this subchapter.
(b)  For good cause shown, the supreme court may grant a petition to extend any time limit provided by this subchapter until a date that is not later than the 90th day after the original deadline.
Added by Acts 2017, 85th Leg., R.S., Ch. 531 (S.B. 302), Sec. 10, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter E. -2. Ombudsman for Attorney Discipline System › Section 81.0881. Definitions

Sec. 81.0881.  DEFINITIONS.  In this subchapter:
(1)  "Ombudsman" means the ombudsman for the attorney discipline system of the state bar.
(2)  "System" means the attorney discipline system of the state bar.
Added by Acts 2017, 85th Leg., R.S., Ch. 531 (S.B. 302), Sec. 10, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter E. -2. Ombudsman for Attorney Discipline System › Section 81.0882. Ombudsman for Attorney Discipline System

Sec. 81.0882.  OMBUDSMAN FOR ATTORNEY DISCIPLINE SYSTEM.  (a)  The state bar shall fund one full-time equivalent position of ombudsman for the attorney discipline system.
(b)  The ombudsman is selected by the members of the supreme court and is independent of the state bar, the board of directors, the commission, and the chief disciplinary counsel.
(c)  The ombudsman shall report directly to the supreme court.
Added by Acts 2017, 85th Leg., R.S., Ch. 531 (S.B. 302), Sec. 10, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter E. -2. Ombudsman for Attorney Discipline System › Section 81.0883. Powers and Duties of Ombudsman

Sec. 81.0883.  POWERS AND DUTIES OF OMBUDSMAN.  (a)  The ombudsman shall:
(1)  review grievances to determine whether the state bar followed the proper grievance procedures;
(2)  receive complaints about the system;
(3)  receive and investigate complaints on violations of the system's procedural rules;
(4)  answer questions from the public on the system's operation, accessing the system, and the availability of other state bar programs;
(5)  assist members of the public wishing to submit a lawyer grievance by explaining the information required and the methods for submitting the information; and
(6)  at least annually, make recommendations to the board of directors and the supreme court for improvements to the system, including ways to improve access to the system and changes to the grievance form.
(b)  The ombudsman may not:
(1)  draft a complaint for a member of the public;
(2)  act as an advocate for a member of the public;
(3)  reverse or modify a finding or judgment in any disciplinary proceeding; or
(4)  intervene in any disciplinary matter.
Added by Acts 2017, 85th Leg., R.S., Ch. 531 (S.B. 302), Sec. 10, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter E. -2. Ombudsman for Attorney Discipline System › Section 81.0884. Access to Information

Sec. 81.0884.  ACCESS TO INFORMATION.  The chief disciplinary counsel, a district grievance committee, the board of directors, the commission, and state bar members shall share with the ombudsman requested information that is necessary to:
(1)  determine whether the state bar followed procedural rules related to a particular grievance; or
(2)  evaluate the system's efficacy and adequacy.
Added by Acts 2017, 85th Leg., R.S., Ch. 531 (S.B. 302), Sec. 10, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter E. -2. Ombudsman for Attorney Discipline System › Section 81.0885. Confidential Information; Privileged Communications

Sec. 81.0885.  CONFIDENTIAL INFORMATION; PRIVILEGED COMMUNICATIONS.  (a)  All types of information, proceedings, hearing transcripts, and statements presented to the ombudsman are confidential and may not be disclosed to any person other than the chief disciplinary counsel unless disclosure is ordered by a court.
(b)  The ombudsman may not access privileged communications and information shared between the chief disciplinary counsel and the commission.
Added by Acts 2017, 85th Leg., R.S., Ch. 531 (S.B. 302), Sec. 10, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter F. Committee on Professional Ethics › Section 81.091. Committee on Professional Ethics

Sec. 81.091.  COMMITTEE ON PROFESSIONAL ETHICS.  (a)  The professional ethics committee consists of nine members of the state bar appointed by the supreme court.
(b)  Members serve three-year terms with the terms of three members expiring each year.
(c)  The supreme court shall designate a chairperson of the committee who serves for one year.
(d)  This chapter does not prohibit the supreme court from appointing members of the judicial department to the committee.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle G - Attorneys › Chapter 81 - State Bar › Subchapter F. Committee on Professional Ethics › Section 81.092. Committee Opinions

Sec. 81.092.  COMMITTEE OPINIONS.  (a)  The committee shall, either on its own initiative or when requested to do so by a member of the state bar, express its opinion on the propriety of professional conduct other than on a question pending before a court of this state.
(b)  Except as provided by Section 81.093, an opinion requires the concurrence of a quorum of the committee members.
(c)  Committee opinions are not binding on the supreme court.
(d)  As far as possible, the committee must disclose the rationale for its opinion and shall indicate whether it is based on ethical consideration or on disciplinary rules.
(e)  The committee shall adopt rules it considers appropriate relating to the procedures to be used in expressing opinions.  Rules adopted under this subsection take effect when approved by the supreme court.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1, 1987.