By: Schofield (Senate Sponsor - Hall) H.B. No. 5010
(In the Senate - Received from the House May 3, 2023;
May 5, 2023, read first time and referred to Committee on State
Affairs; May 15, 2023, reported favorably by the following vote:
Yeas 6, Nays 1, one present not voting; May 15, 2023, sent to
printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
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 a 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 who
does not have a cognizable individual interest in or connection to
the legal matter or facts alleged in the grievance; 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.
* * * * *