| 1 | 1 | | 81R13353 CAE-D |
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| 2 | 2 | | By: Madden H.B. No. 3911 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to classification of certain grievances against an |
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| 8 | 8 | | attorney. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 81.073, Government Code, is amended by |
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| 11 | 11 | | amending Subsection (a) and adding Subsection (c) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (a) Except as provided by Subsection (c), the [The] chief |
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| 14 | 14 | | disciplinary counsel's office shall classify each grievance on |
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| 15 | 15 | | receipt as: |
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| 16 | 16 | | (1) a complaint, if the grievance alleges conduct |
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| 17 | 17 | | that, if true, constitutes professional misconduct or disability |
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| 18 | 18 | | cognizable under the Texas Disciplinary Rules of Professional |
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| 19 | 19 | | Conduct; or |
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| 20 | 20 | | (2) an inquiry, if: |
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| 21 | 21 | | (A) the grievance alleges conduct that, even if |
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| 22 | 22 | | true, does not constitute professional misconduct or disability |
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| 23 | 23 | | cognizable under the Texas Disciplinary Rules of Professional |
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| 24 | 24 | | Conduct; or |
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| 25 | 25 | | (B) the respondent attorney is deceased, has |
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| 26 | 26 | | relinquished the attorney's license to practice law in this state |
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| 27 | 27 | | to avoid disciplinary action, or is not licensed to practice law in |
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| 28 | 28 | | this state. |
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| 29 | 29 | | (c) A grievance may not be classified as a complaint or an |
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| 30 | 30 | | inquiry if the grievance was filed: |
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| 31 | 31 | | (1) by a person convicted of a felony offense with whom |
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| 32 | 32 | | the attorney did not have an attorney-client relationship; |
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| 33 | 33 | | (2) by a person who has been declared a vexatious |
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| 34 | 34 | | litigant as provided by Chapter 11, Civil Practice and Remedies |
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| 35 | 35 | | Code; or |
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| 36 | 36 | | (3) against an attorney who was not acting in the |
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| 37 | 37 | | capacity of an attorney when performing the action that is the |
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| 38 | 38 | | subject of the grievance. |
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| 39 | 39 | | SECTION 2. The change in law made by this Act applies only |
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| 40 | 40 | | to a grievance received on or after the effective date of this Act. |
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| 41 | 41 | | A grievance received before the effective date of this Act is |
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| 42 | 42 | | governed by the law in effect immediately before the effective date |
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| 43 | 43 | | of this Act, and that law is continued in effect for that purpose. |
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| 44 | 44 | | SECTION 3. This Act takes effect September 1, 2009. |
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