81R13353 CAE-D
By: Madden H.B. No. 3911
A BILL TO BE ENTITLED
AN ACT
relating to classification of certain grievances against an
attorney.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 81.073, Government Code, is amended by
amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) Except as provided by Subsection (c), the [The] chief
disciplinary counsel's office shall classify each grievance on
receipt as:
(1) a complaint, if the grievance alleges conduct
that, if true, constitutes professional misconduct or disability
cognizable under the Texas Disciplinary Rules of Professional
Conduct; 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; or
(B) 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.
(c) A grievance may not be classified as a complaint or an
inquiry if the grievance was filed:
(1) by a person convicted of a felony offense with whom
the attorney did not have an attorney-client relationship;
(2) by a person who has been declared a vexatious
litigant as provided by Chapter 11, Civil Practice and Remedies
Code; or
(3) against an attorney who was not acting in the
capacity of an attorney when performing the action that is the
subject of the grievance.
SECTION 2. The change in law made by this Act applies only
to a grievance received on or after the effective date of this Act.
A grievance received before the effective date of this Act is
governed by the law in effect immediately before the effective date
of this Act, and that law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2009.