HBA-DMH H.B. 792 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 792
By: Wolens
Civil Practices
8/7/2001
Enrolled



BACKGROUND AND PURPOSE 

Currently, a grievance may be filed against an attorney with the State Bar
of Texas (state bar).  The grievance system is designed to sanction
attorneys for misconduct.  Prior to the 77th Legislature, it became
apparent that there were various problems with the state bar's
administration of the lawyer discipline and disability system.  For
example, a lawyer against whom a disciplinary action had been brought could
be required by the state bar or the court to disclose privileged
attorney-client information even if the client did not initiate the
complaint.   House Bill 792 sets forth provisions for the membership and
voting disclosure of a panel of a district grievance committee of the state
bar and requires the state bar to conduct a study of disciplinary and
disability procedures. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 792 amends the Government Code to set forth provisions for the
membership, including public membership, of a panel of a district grievance
committee (committee panel) of the State Bar of Texas (state bar) for the
purpose of convening a meeting.  The bill requires a committee panel that
votes on a grievance matter to disclose to the complainant and the
respondent in the matter the number of members voting for or against a
finding of just cause or abstaining from voting on the matter.  A member of
a committee panel may only vote on a grievance matter if the member is
present at the hearing at which the vote takes place. 

The bill prohibits the state bar or a court from requiring an attorney
against whom a disciplinary action has been brought to disclose information
protected by the attorney-client privilege if the client did not initiate
the complaint that is the subject of the action. 

Whenever a grievance is either dismissed as an inquiry or dismissed as a
complaint after an investigatory hearing in accordance with the Texas Rules
of Disciplinary Procedure and that  dismissal has become final, the bill
authorizes a respondent attorney to deny that a grievance was pursued. In
any disciplinary action which is tried to verdict before an evidentiary
panel or a district court and there is a take-nothing judgment entered
which becomes final, the bill authorizes the respondent attorney to file a
motion with the tribunal seeking expunction of the tribunal's file on the
matter. In the event an expunction is granted, the bill requires an
evidentiary panel or district court to order that all records be destroyed
other than statistical or identifying information maintained by the chief
disciplinary counsel pertaining to any grievance which formed the basis of
the disciplinary action and authorizes the respondent attorney thereafter
to deny any grievance which formed the basis of the disciplinary action. 

The bill requires the state bar, not later than September 1, 2002, to study
the state bar rules governing attorney disciplinary and disability
procedure and the Texas Rules of Disciplinary Procedure to determine the
extent to which the rules conform to the requirements of state law
governing attorney disciplinary and disability procedure and to submit to
the lieutenant governor and the speaker of the house of representatives  a
report of the study, including recommendations for revisions to the state
bar rules and the Texas Rules of Disciplinary Procedure that conflict with
the requirements of state law. 

EFFECTIVE DATE

September 1, 2001.