H.B. No. 5010
AN ACT
relating to the classification of a grievance filed with the State
Bar of Texas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 81.073, Government Code, is amended to
read as follows:
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) [(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.
(b) A complainant or an attorney against whom a grievance is
filed may appeal the classification of a grievance [as an inquiry]
to the Board of Disciplinary Appeals, or the complainant may amend
and resubmit the grievance. [An attorney against whom a grievance
is filed may not appeal the classification of the grievance.]
SECTION 2. Section 81.074, Government Code, is amended to
read as follows:
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).
SECTION 3. The changes in law made by this Act apply only to
a grievance filed on or after the effective date of this Act. A
grievance filed before the effective date of this Act is governed by
the law in effect on the date the grievance was filed, and the
former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 5010 was passed by the House on May 2,
2023, by the following vote: Yeas 93, Nays 49, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 5010 on May 24, 2023, by the following vote: Yeas 101, Nays 44,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 5010 was passed by the Senate, with
amendments, on May 19, 2023, by the following vote: Yeas 22, Nays
8, 1 present, not voting.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor