Texas 2017 - 85th Regular

Texas House Bill HB2102 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R2412 SRS-D
2	2	By: Thompson of Harris H.B. No. 2102
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the continuation and functions of the state bar.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 81.003, Government Code, is amended to
10	10	read as follows:
11	11	Sec. 81.003. SUNSET PROVISION. The state bar is subject to
12	12	Chapter 325 (Texas Sunset Act). Unless continued in existence as
13	13	provided by that chapter, this chapter expires September 1, 2029
14	14	[2017].
15	15	SECTION 2. Section 81.0201, Government Code, is amended by
16	16	amending Subsection (b) and adding Subsection (c) to read as
17	17	follows:
18	18	(b) The training program must provide the person with
19	19	information regarding:
20	20	(1) the law governing [legislation that created the]
21	21	state bar operations [and the board];
22	22	(2) the programs operated by the state bar;
23	23	(3) the role and functions of the state bar;
24	24	(4) the rules of the state bar, with an emphasis on the
25	25	rules that relate to disciplinary and investigatory authority;
26	26	(4-a) the scope of and limitations on the rulemaking
27	27	authority of the state bar;
28	28	(5) the current budget for the state bar;
29	29	(6) the results of the most recent formal audit of the
30	30	state bar;
31	31	(7) the requirements of:
32	32	(A) laws relating to [the] open meetings [law],
33	33	[Chapter 551;
34	34	[(B) the] public information [law],
35	35	administrative procedure, and the disclosure of conflicts of
36	36	interest [Chapter 552]; and
37	37	(B) [(C)] other laws applicable to members of a
38	38	state policymaking body in performing their duties [relating to
39	39	public officials, including conflict-of-interest laws]; and
40	40	(8) any applicable ethics policies adopted by the
41	41	state bar or the Texas Ethics Commission.
42	42	(c) The executive director shall create a training manual
43	43	that includes the information required by Subsection (b). The
44	44	executive director shall distribute a copy of the training manual
45	45	annually to each member of the board of directors. On receipt of
46	46	the training manual, each member of the board shall sign and submit
47	47	to the executive director a statement acknowledging receipt of the
48	48	training manual.
49	49	SECTION 3. Section 81.022, Government Code, is amended by
50	50	adding Subsection (a-2) to read as follows:
51	51	(a-2) Any change in a membership fee or other fee for
52	52	members of the state bar must be clearly described and included in
53	53	the supreme court's proposed budget and considered by the supreme
54	54	court in its deliberations on the budget. The change may not be
55	55	implemented unless approved by the court as part of its budget.
56	56	SECTION 4. Sections 81.024(a) and (b), Government Code, are
57	57	amended to read as follows:
58	58	(a) The supreme court shall promulgate the rules governing
59	59	the state bar. [The rules may be amended as provided by this
60	60	section.]
61	61	(b) The supreme court may:
62	62	(1) [, either] as it considers necessary, [pursuant to
63	63	a resolution of the board of directors of the state bar, or pursuant
64	64	to a petition signed by at least 10 percent of the registered
65	65	members of the state bar,] prepare, propose, and adopt rules or
66	66	amendments to rules for the operation, maintenance, and conduct of
67	67	the state bar; and
68	68	(2) in accordance with Subchapter E-1, adopt rules for
69	69	the discipline of state bar [its] members.
70	70	SECTION 5. Subchapter B, Chapter 81, Government Code, is
71	71	amended by adding Section 81.037 to read as follows:
72	72	Sec. 81.037. CRIMINAL HISTORY RECORD INFORMATION. (a) The
73	73	state bar shall require that each member of the state bar submit a
74	74	complete and legible set of fingerprints, on a form prescribed by
75	75	the state bar, to the state bar or to the Department of Public
76	76	Safety for the purpose of obtaining criminal history record
77	77	information from the department and the Federal Bureau of
78	78	Investigation. The state bar may obtain the information from the
79	79	Board of Law Examiners for a state bar member who has been issued an
80	80	initial license.
81	81	(b) A state bar member is not required to submit
82	82	fingerprints under this section if the member has previously
83	83	submitted fingerprints to:
84	84	(1) the Board of Law Examiners and the Board of Law
85	85	Examiners made the information accessible to the state bar; or
86	86	(2) the state bar or the Department of Public Safety
87	87	for a previous license renewal under this chapter.
88	88	(c) The board of directors shall conduct a criminal history
89	89	record check of each member of the state bar using information:
90	90	(1) provided by the state bar member or the Board of
91	91	Law Examiners under this section; or
92	92	(2) made available to the state bar by the Department
93	93	of Public Safety, the Federal Bureau of Investigation, and any
94	94	other criminal justice agency under Chapter 411, Government Code.
95	95	(d) The state bar may:
96	96	(1) enter into an agreement with the Department of
97	97	Public Safety to administer a criminal history record check
98	98	required under this section; and
99	99	(2) authorize the Department of Public Safety to
100	100	collect from each state bar member the costs incurred by the
101	101	department in conducting the criminal history record check.
102	102	(e) The state bar may administratively suspend or refuse to
103	103	renew the license of a member of the state bar who fails to assist
104	104	the state bar in obtaining criminal history record information
105	105	under this section.
106	106	SECTION 6. Section 81.054(a), Government Code, is amended
107	107	to read as follows:
108	108	(a) The supreme court shall set membership fees and other
109	109	fees for members of the state bar during the court's annual budget
110	110	process under Section 81.022. The fees, except as provided by
111	111	Subsection (j) and those set for associate members, must be set in
112	112	accordance with this section [and Section 81.024].
113	113	SECTION 7. Section 81.072(e), Government Code, is amended
114	114	to read as follows:
115	115	(e) The state bar shall establish a voluntary mediation and
116	116	dispute resolution procedure to:
117	117	(1) attempt to resolve each minor grievance referred
118	118	to the voluntary mediation and dispute resolution procedure by the
119	119	chief disciplinary counsel [allegation of attorney misconduct that
120	120	is:
121	121	[(A) classified as an inquiry under Section
122	122	81.073(a)(2)(A) because it does not constitute an offense
123	123	cognizable under the Texas Disciplinary Rules of Professional
124	124	Conduct; or
125	125	[(B) classified as a complaint and subsequently
126	126	dismissed]; and
127	127	(2) facilitate coordination with other programs
128	128	administered by the state bar to address and attempt to resolve
129	129	inquiries and complaints referred to the voluntary mediation and
130	130	dispute resolution procedure.
131	131	SECTION 8. Subchapter E, Chapter 81, Government Code, is
132	132	amended by adding Sections 81.080, 81.081, 81.082, 81.083, 81.084,
133	133	81.085, and 81.086 to read as follows:
134	134	Sec. 81.080. ISSUANCE OF SUBPOENA; OBJECTION. (a) On
135	135	approval of the presiding officer of the appropriate district
136	136	grievance committee, the chief disciplinary counsel may, during an
137	137	investigation of a grievance, issue a subpoena that relates
138	138	directly to a specific allegation of attorney misconduct.
139	139	(b) The chief disciplinary counsel shall provide a process
140	140	for a respondent to object to a subpoena issued under this section.
141	141	Sec. 81.081. ATTORNEY SELF-REPORTING. The chief
142	142	disciplinary counsel shall develop guidelines and a procedure for
143	143	an attorney to self-report:
144	144	(1) any criminal offense committed by the attorney;
145	145	and
146	146	(2) any disciplinary action taken by another state's
147	147	bar against the attorney.
148	148	Sec. 81.082. PROCESS TO IDENTIFY COMPLAINTS SUITABLE FOR
149	149	SETTLEMENT OR INVESTIGATORY HEARING. (a) The chief disciplinary
150	150	counsel shall develop a process to identify a complaint that is
151	151	appropriate for a settlement attempt or an investigatory hearing
152	152	before a trial is requested or the complaint is placed on a hearing
153	153	docket.
154	154	(b) The chief disciplinary counsel may authorize a
155	155	settlement at any time during the disciplinary process.
156	156	Sec. 81.083. SANCTION GUIDELINES. (a) The chief
157	157	disciplinary counsel shall propose and the supreme court shall
158	158	adopt by rule sanction guidelines to:
159	159	(1) associate a specific rule violation or ethical
160	160	misconduct with a range of appropriate sanctions;
161	161	(2) provide aggravating and mitigating factors that
162	162	justify deviating from the established sanctions; and
163	163	(3) provide consistency between grievances heard by a
164	164	district grievance committee and grievances heard by a district
165	165	court.
166	166	(b) The chief disciplinary counsel shall ensure that
167	167	interested parties are provided an opportunity to comment on the
168	168	proposed sanction guidelines.
169	169	(c) The sanction guidelines adopted under this section do
170	170	not limit the authority of a district grievance committee or of a
171	171	district judge to make a finding or issue a decision.
172	172	Sec. 81.084. GRIEVANCE TRACKING SYSTEM. (a) The chief
173	173	disciplinary counsel shall create and maintain a grievance tracking
174	174	system for grievances filed and disciplinary decisions issued under
175	175	this subchapter.
176	176	(b) The grievance tracking system must:
177	177	(1) associate each rule violation or instance of
178	178	ethical misconduct with the sanction imposed or final action taken
179	179	for the violation or misconduct in a diversionary procedure adopted
180	180	under state bar rules;
181	181	(2) include any aggravating or mitigating factor used
182	182	in a sanction recommendation or imposition;
183	183	(3) address whether a sanction decision aligns with
184	184	the sanction guidelines adopted under Section 81.083;
185	185	(4) specify the district grievance committee or
186	186	district judge that imposed the sanction to evaluate sanction
187	187	patterns within the disciplinary districts and facilitate training
188	188	for district grievance committee members; and
189	189	(5) include sufficient information to evaluate and
190	190	track disciplinary trends over time.
191	191	(c) The chief disciplinary counsel shall:
192	192	(1) periodically evaluate and report information
193	193	gathered in the grievance tracking system to the commission and
194	194	district grievance committee members; and
195	195	(2) post the information reported under Subdivision
196	196	(1) on the state bar's Internet website.
197	197	Sec. 81.085. REGULAR SEARCH OF NATIONAL LAWYER REGULATORY
198	198	DATA BANK. The chief disciplinary counsel shall establish a
199	199	process to regularly search the National Lawyer Regulatory Data
200	200	Bank maintained by the American Bar Association to identify a
201	201	member of the state bar who is disciplined in another state.
202	202	Sec. 81.086. TELECONFERENCE. The chief disciplinary
203	203	counsel may hold investigatory and disciplinary hearings by
204	204	teleconference.
205	205	SECTION 9. Chapter 81, Government Code, is amended by
206	206	adding Subchapters E-1 and E-2 to read as follows:
207	207	SUBCHAPTER E-1. COMMITTEE ON DISCIPLINARY RULES AND REFERENDA;
208	208	DISCIPLINARY RULE PROPOSAL PROCESS
209	209	Sec. 81.0871. DEFINITION. In this subchapter, "committee"
210	210	means the Committee on Disciplinary Rules and Referenda.
211	211	Sec. 81.0872. ESTABLISHMENT OF COMMITTEE. (a) The
212	212	committee consists of nine members, including:
213	213	(1) four attorneys appointed by the president of the
214	214	state bar;
215	215	(2) two nonattorney public members appointed by the
216	216	president of the state bar;
217	217	(3) two attorneys appointed by the supreme court; and
218	218	(4) one nonattorney public member appointed by the
219	219	supreme court.
220	220	(b) The president of the state bar shall designate an
221	221	attorney member of the committee to serve as the presiding officer
222	222	of the committee for a term of one year.
223	223	(c) Committee members serve staggered three-year terms,
224	224	with one-third of the members' terms expiring each year.
225	225	Sec. 81.0873. COMMITTEE DUTIES. The committee shall:
226	226	(1) regularly review the Texas Disciplinary Rules of
227	227	Professional Conduct and the Texas Rules of Disciplinary Procedure;
228	228	(2) at least annually issue to the supreme court and
229	229	the board of directors a report on the adequacy of the rules
230	230	reviewed under Subdivision (1); and
231	231	(3) oversee the initial process for proposing a
232	232	disciplinary rule under Section 81.0875.
233	233	Sec. 81.0874. STAFF ATTORNEY. The state bar may hire a
234	234	staff attorney to assist the committee.
235	235	Sec. 81.0875. INITIATION OF RULE PROPOSAL PROCESS. (a) The
236	236	committee may initiate the process for proposing a disciplinary
237	237	rule for the state bar as the committee considers necessary or in
238	238	conjunction with the review of the Texas Disciplinary Rules of
239	239	Professional Conduct and the Texas Rules of Disciplinary Procedure
240	240	under Section 81.0873(1).
241	241	(b) Not later than the 60th day after the date the committee
242	242	receives a request to initiate the process for proposing a
243	243	disciplinary rule, the committee shall:
244	244	(1) initiate the process; or
245	245	(2) issue a written decision declining to initiate the
246	246	process and the reasons for declining.
247	247	(c) A request to initiate the process for proposing a
248	248	disciplinary rule under Subsection (b) may be made by:
249	249	(1) a resolution of the board of directors;
250	250	(2) a request of the supreme court;
251	251	(3) a request of the commission;
252	252	(4) a petition signed by at least 10 percent of the
253	253	registered members of the state bar;
254	254	(5) a concurrent resolution of the legislature; or
255	255	(6) a petition signed by at least 20,000 people.
256	256	Sec. 81.0876. RULE PROPOSAL. (a) On initiation of the
257	257	process for proposing a disciplinary rule, the committee shall:
258	258	(1) study the issue to be addressed by the proposed
259	259	rule;
260	260	(2) hold a public hearing on the issue; and
261	261	(3) draft the proposed rule, which may not address
262	262	more than one subject.
263	263	(b) The committee shall publish the proposed disciplinary
264	264	rule in:
265	265	(1) the Texas Register; and
266	266	(2) the Texas Bar Journal.
267	267	(c) The committee shall give interested parties at least 30
268	268	days from the date the proposed disciplinary rule is published as
269	269	required under Subsection (b) to submit comments on the rule to the
270	270	committee. The committee shall make all reasonable efforts to
271	271	solicit comments from:
272	272	(1) different geographic regions in this state;
273	273	(2) nonattorney members of the public; and
274	274	(3) members of the state bar.
275	275	(d) The committee shall hold a public hearing on the
276	276	proposed disciplinary rule if, during the comment period described
277	277	by Subsection (c), the hearing is requested by:
278	278	(1) at least 25 people;
279	279	(2) a state agency or political subdivision of this
280	280	state; or
281	281	(3) an association with at least 25 members.
282	282	(e) On conclusion of the comment period described by
283	283	Subsection (c), the committee may amend the proposed disciplinary
284	284	rule in response to the comments.
285	285	(f) The committee shall vote on whether to recommend a
286	286	proposed disciplinary rule to the board of directors not later than
287	287	the 60th day after the final day of the comment period described by
288	288	Subsection (c). The committee may not recommend a proposed
289	289	disciplinary rule unless at least five members of the committee
290	290	favor recommendation.
291	291	(g) The committee shall submit a proposed disciplinary rule
292	292	that is recommended by the committee to the board of directors for
293	293	review and consideration.
294	294	(h) A proposed disciplinary rule is withdrawn six months
295	295	after the date the rule proposal process is initiated under Section
296	296	81.0875(b)(1) if the committee does not recommend the rule to the
297	297	board of directors before expiration of that time.
298	298	Sec. 81.0877. APPROVAL OF PROPOSED DISCIPLINARY RULE BY
299	299	BOARD OF DIRECTORS. (a) The board of directors shall vote on each
300	300	proposed disciplinary rule recommended by the committee not later
301	301	than the 180th day after the date the rule is received from the
302	302	committee. The board shall vote for or against the rule or return
303	303	the rule to the committee for additional consideration.
304	304	(b) If a proposed disciplinary rule is approved by a
305	305	majority of the directors, the board of directors shall petition
306	306	the supreme court to order a referendum as provided by Section
307	307	81.0878 on the rule by the members of the state bar.
308	308	Sec. 81.0878. REFERENDUM VOTE BY STATE BAR MEMBERS. (a) On
309	309	receipt of a petition filed by the board of directors under Section
310	310	81.0877(b), the supreme court shall:
311	311	(1) distribute a copy of the rule in ballot form to
312	312	each member of the state bar and order a vote on the rule; and
313	313	(2) publish the rule in:
314	314	(A) the Texas Register; and
315	315	(B) the Texas Bar Journal.
316	316	(b) The supreme court shall give state bar members:
317	317	(1) at least 30 days to consider a proposed
318	318	disciplinary rule before voting begins; and
319	319	(2) 30 days to vote on the proposed disciplinary rule
320	320	following the period for considering the proposed rule under
321	321	Subdivision (1).
322	322	(c) The state bar shall provide proponents and opponents of
323	323	a proposed disciplinary rule an equal opportunity to present their
324	324	views at any bar sponsored forum at which the rule referendum is
325	325	discussed.
326	326	(d) One or more proposed disciplinary rules may appear on a
327	327	single referendum ballot. State bar members shall vote for or
328	328	against each rule. If a majority of the members who vote on the
329	329	proposed rule vote in favor of the rule, the rule is approved by the
330	330	members of the state bar.
331	331	Sec. 81.0879. SUPREME COURT APPROVAL OR REJECTION. The
332	332	supreme court by majority vote may approve or reject a proposed
333	333	disciplinary rule in its entirety, but may not approve or reject
334	334	only part of the rule. If the supreme court does not vote on the
335	335	rule on or before the 60th day after the date the rule is approved by
336	336	bar members under Section 81.0878, the rule is considered approved
337	337	by the supreme court.
338	338	Sec. 81.08791. RULE DELIBERATIONS. (a) The committee, the
339	339	board of directors, or the supreme court shall provide notice of any
340	340	deliberation on a proposed disciplinary rule, and the deliberation
341	341	must be open to the public.
342	342	(b) The board of directors and the supreme court shall
343	343	record and make public each vote for or against a proposed
344	344	disciplinary rule.
345	345	Sec. 81.08792. PROPOSED DISCIPLINARY RULE APPROVAL
346	346	REQUIRED BEFORE ADOPTION. A proposed disciplinary rule may not be
347	347	adopted by the supreme court unless the rule is approved by:
348	348	(1) the committee;
349	349	(2) the board of directors;
350	350	(3) the members of the state bar; and
351	351	(4) the supreme court.
352	352	Sec. 81.08793. USE OF TECHNOLOGY. The supreme court, the
353	353	committee, and the state bar shall use technological solutions
354	354	throughout the disciplinary rule proposal process to promote:
355	355	(1) financial efficiency; and
356	356	(2) comments from interested persons.
357	357	SUBCHAPTER E-2. OMBUDSMAN FOR ATTORNEY DISCIPLINE SYSTEM
358	358	Sec. 81.0881. DEFINITIONS. In this subchapter:
359	359	(1) "Ombudsman" means the ombudsman for the attorney
360	360	discipline system of the state bar.
361	361	(2) "System" means the attorney discipline system of
362	362	the state bar.
363	363	Sec. 81.0882. OMBUDSMAN FOR ATTORNEY DISCIPLINE SYSTEM.
364	364	(a) The state bar shall fund one full-time equivalent position of
365	365	ombudsman for the attorney discipline system.
366	366	(b) The ombudsman is selected by the members of the supreme
367	367	court and is independent of the state bar, the board of directors,
368	368	the commission, and the chief disciplinary counsel.
369	369	(c) The ombudsman shall report directly to the supreme
370	370	court.
371	371	Sec. 81.0883. POWERS AND DUTIES OF OMBUDSMAN. (a) The
372	372	ombudsman shall:
373	373	(1) review grievances to determine whether the state
374	374	bar followed the proper grievance procedures;
375	375	(2) receive complaints about the system;
376	376	(3) receive and investigate complaints on violations
377	377	of the system's procedural rules;
378	378	(4) answer questions from the public on the system's
379	379	operation, accessing the system, and the availability of other
380	380	state bar programs;
381	381	(5) assist members of the public wishing to submit a
382	382	lawyer grievance by explaining the information required and the
383	383	methods for submitting the information; and
384	384	(6) at least annually, make recommendations to the
385	385	board of directors and the supreme court for improvements to the
386	386	system, including ways to improve access to the system and changes
387	387	to the grievance form.
388	388	(b) The ombudsman may not:
389	389	(1) draft a complaint for a member of the public;
390	390	(2) act as an advocate for a member of the public; or
391	391	(3) reverse or modify a finding or judgment in any
392	392	disciplinary proceeding.
393	393	Sec. 81.0884. ACCESS TO INFORMATION. The chief
394	394	disciplinary counsel, a district grievance committee, the board of
395	395	directors, the commission, and state bar members shall share with
396	396	the ombudsman requested information that is necessary to:
397	397	(1) determine whether the state bar followed
398	398	procedural rules related to a particular grievance; or
399	399	(2) evaluate the system's efficacy and adequacy.
400	400	Sec. 81.0885. CONFIDENTIAL INFORMATION; PRIVILEGED
401	401	COMMUNICATIONS. (a) All types of information, proceedings,
402	402	hearing transcripts, and statements presented to the ombudsman are
403	403	confidential and may not be disclosed to any person other than the
404	404	chief disciplinary counsel unless disclosure is ordered by a court.
405	405	(b) The ombudsman may not access privileged communications
406	406	and information shared between the chief disciplinary counsel and
407	407	the commission.
408	408	SECTION 10. Section 81.115(b), Government Code, is amended
409	409	to read as follows:
410	410	(b) A profile must contain the following information on each
411	411	attorney:
412	412	(1) the name of each law school attended and the date
413	413	the attorney graduated;
414	414	(2) the date the attorney became licensed to practice
415	415	law in this state;
416	416	(3) any specialty certification recognized by the
417	417	state bar and held by the attorney;
418	418	(4) the attorney's primary practice location;
419	419	(5) any public disciplinary sanctions issued by the
420	420	state bar against the attorney, including a link on the attorney's
421	421	online profile to the full text of the disciplinary judgment
422	422	entered by a district grievance committee or district judge [during
423	423	at least the 10-year period preceding the date of the profile]; and
424	424	(6) any public disciplinary sanctions issued by an
425	425	entity in another state responsible for attorney discipline in that
426	426	state against the attorney [during at least the 10-year period
427	427	preceding the date of the profile].
428	428	SECTION 11. Section 411.100, Government Code, is amended to
429	429	read as follows:
430	430	Sec. 411.100. ACCESS TO CRIMINAL HISTORY RECORD
431	431	INFORMATION: BOARD OF LAW EXAMINERS AND STATE BAR OF TEXAS. (a)
432	432	The Board of Law Examiners is entitled to obtain from the department
433	433	criminal history record information maintained by the department
434	434	that relates to a person who is an applicant to take a bar
435	435	examination.
436	436	(a-1) The State Bar of Texas is entitled to obtain:
437	437	(1) from the department, criminal history record
438	438	information maintained by the department that relates to a person
439	439	who is a member of the state bar; or
440	440	(2) from the Board of Law Examiners, criminal history
441	441	record information obtained under Subsection (a).
442	442	(b) Criminal history record information obtained [by the
443	443	board] under Subsection (a) or (a-1) may not be released or
444	444	disclosed to any person, except on court order or with consent of
445	445	the applicant.
446	446	(c) Immediately following the [board's] decision of the
447	447	Board of Law Examiners on recommending an applicant, the board
448	448	shall collect and make accessible to the State Bar of Texas [seal]
449	449	all criminal history record information obtained by the board that
450	450	relates to that applicant.
451	451	SECTION 12. Section 411.1005(a), Government Code, is
452	452	amended to read as follows:
453	453	(a) The general counsel of the State Bar of Texas is
454	454	entitled to obtain from the department criminal history record
455	455	information maintained by the department that relates to a person
456	456	who is:
457	457	(1) [a person] licensed by the state bar;
458	458	(2) [and who is] the subject of or involved in an
459	459	investigation of:
460	460	(A) professional misconduct relating to a
461	461	grievance filed under the disciplinary rules of the state bar; or
462	462	(B) barratry, the unauthorized practice of law,
463	463	or falsely holding oneself out as a lawyer, in violation of Section
464	464	38.12, 38.122, or 38.123, Penal Code;
465	465	(3) [(2)] a witness in any disciplinary action or
466	466	proceeding conducted by the state bar, the Board of Disciplinary
467	467	Appeals, or any court; or
468	468	(4) [(3)] an applicant for reinstatement to practice
469	469	law.
470	470	SECTION 13. The following provisions of the Government Code
471	471	are repealed:
472	472	(1) Sections 81.024(c), (d), (e), (f), and (g); and
473	473	(2) Section 411.1005(c).
474	474	SECTION 14. (a) The State Bar of Texas shall obtain
475	475	criminal history record information on each person who is a member
476	476	of the state bar on the effective date of this Act as authorized by
477	477	Section 81.037, Government Code, as added by this Act, not later
478	478	than September 1, 2019.
479	479	(b) As soon as practicable after the effective date of this
480	480	Act, but not later than January 1, 2018, the president of the State
481	481	Bar of Texas and the Texas Supreme Court shall appoint the initial
482	482	members of the Committee on Disciplinary Rules and Referenda as
483	483	follows:
484	484	(1) the state bar president shall appoint two people
485	485	to terms expiring in 2018;
486	486	(2) the supreme court shall appoint one person to a
487	487	term expiring in 2018;
488	488	(3) the state bar president shall appoint two people
489	489	to terms expiring in 2019;
490	490	(4) the supreme court shall appoint one person to a
491	491	term expiring in 2019;
492	492	(5) the state bar president shall appoint two people
493	493	to terms expiring in 2020; and
494	494	(6) the supreme court shall appoint one person to a
495	495	term expiring in 2020.
496	496	(c) Notwithstanding Subchapter E-1, Government Code, as
497	497	added by this Act, not later than March 1, 2018, the Texas Supreme
498	498	Court shall adopt the rules necessary to:
499	499	(1) modify the voluntary mediation and dispute
500	500	resolution procedures for grievances as required by Section
501	501	81.072(e), Government Code, as amended by this Act;
502	502	(2) authorize the issuance of subpoenas under Section
503	503	81.080, Government Code, as added by this Act;
504	504	(3) implement Section 81.081, Government Code, as
505	505	added by this Act;
506	506	(4) revise the time provided for grievance
507	507	investigations, subpoena issuance, and investigatory hearings to
508	508	provide for voluntary mediation and dispute resolution under
509	509	Section 81.072(e), Government Code, as amended by this Act;
510	510	(5) establish the process to identify complaints
511	511	suitable for settlement attempts and authorize the chief
512	512	disciplinary counsel to conduct investigatory and disciplinary
513	513	hearings by teleconference under Sections 81.082 and 81.086,
514	514	Government Code, as added by this Act;
515	515	(6) establish the grievance referral program as
516	516	required by Subsection (d)(3) of this section; and
517	517	(7) establish the sanction guidelines proposed by the
518	518	chief disciplinary counsel under Section 81.083, Government Code,
519	519	as added by this Act.
520	520	(d) The chief disciplinary counsel shall:
521	521	(1) develop proposed changes to the disciplinary rules
522	522	regarding the time for conducting an investigation of a grievance
523	523	or issuing a subpoena related to an investigation or attempting a
524	524	settlement in an investigatory hearing under Section 81.082,
525	525	Government Code, as added by this Act;
526	526	(2) propose rules necessary to implement the
527	527	settlement process described by Section 81.082, Government Code, as
528	528	added by this Act; and
529	529	(3) propose rules to establish a grievance referral
530	530	program under the Texas Rules of Disciplinary Procedure, including
531	531	criteria for attorney participation and authorization for use of
532	532	the program at any point in the attorney disciplinary process.
533	533	(e) The State Bar of Texas shall assist the Texas Supreme
534	534	Court on rule modifications to the Texas Rules of Disciplinary
535	535	Procedure that are necessary to address Section 81.072(e)(1),
536	536	Government Code, as amended by this Act, including:
537	537	(1) types of grievances the chief disciplinary counsel
538	538	may refer to the voluntary mediation and dispute resolution
539	539	procedure and the criteria defining the grievance types;
540	540	(2) modifications to the time for processing
541	541	grievances to accommodate voluntary mediation and dispute
542	542	resolution and the establishment of a limit on the time for
543	543	resolution through voluntary mediation and dispute resolution or
544	544	referral to the formal grievance process for further action; and
545	545	(3) confidentiality rules to allow the chief
546	546	disciplinary counsel and client-attorney assistance program to
547	547	share appropriate information in a case referred for voluntary
548	548	mediation and dispute resolution.
549	549	(f) The State Bar of Texas shall include on attorneys'
550	550	online profiles any historical information on public disciplinary
551	551	sanctions as is practicable under Section 81.115(b), Government
552	552	Code, as amended by this Act. A public disciplinary action issued
553	553	on or after the effective date of this Act must be included on the
554	554	attorney's online profile as required by Section 81.115(b),
555	555	Government Code, as amended by this Act.
556	556	SECTION 15. (a) Except as provided by Subsection (b) of
557	557	this section, Section 81.0201, Government Code, as amended by this
558	558	Act, applies to a member of the board of directors of the State Bar
559	559	of Texas appointed before, on, or after the effective date of this
560	560	Act.
561	561	(b) A member of the board of directors of the State Bar of
562	562	Texas who, before the effective date of this Act, completed the
563	563	training program required by Section 81.0201, Government Code, as
564	564	that law existed before the effective date of this Act, is required
565	565	to complete additional training only on subjects added by this Act
566	566	to the training program as required by Section 81.0201, Government
567	567	Code, as amended by this Act. A board member described by this
568	568	subsection may not vote, deliberate, or be counted as a member in
569	569	attendance at a meeting of the board held on or after December 1,
570	570	2017, until the member completes the additional training.
571	571	SECTION 16. This Act takes effect September 1, 2017.