BILL ANALYSIS Senate Research Center H.B. 5010 By: Schofield (Hall) State Affairs 5/10/2023 Engrossed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT H.B. 5010 amends current law relating to the classification of a grievance filed with the State Bar of Texas. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 81.073, Government Code, as follows: Sec. 81.073. CLASSIFICATION OF GRIEVANCES. (a) Requires the chief disciplinary counsel's office to classify each grievance on receipt as: (1) a complaint, if the grievance: (A) creates this paragraph from existing text; 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) creates this paragraph from existing text; (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) redesignates existing Paragraph (B) as Paragraph (C). (b) Authorizes a complainant or an attorney against whom a grievance is filed to appeal the classification of a grievance, rather than a grievance as an inquiry, to the Board of Disciplinary Appeals, or the complainant is authorized to amend and resubmit the grievance. Deletes existing text prohibiting an attorney against whom a grievance is filed from appealing the classification of the grievance. SECTION 2. Amends Section 81.074, Government Code, as follows: Sec. 81.074. DISPOSITION OF INQUIRIES. Requires the chief disciplinary counsel to: (1) makes no changes to this subdivision; and (2) refer each inquiry classified under certain sections, including Section 81.073(a)(2)(B), and dismissed under this section to the voluntary mediation and dispute resolution procedure established under Section 81.072(e) (relating to requiring the state bar to establish a voluntary mediation and dispute resolution procedure that meets certain criteria). SECTION 3. Makes application of this Act prospective. SECTION 4. Effective date: September 1, 2023.
BILL ANALYSIS
Senate Research Center H.B. 5010
By: Schofield (Hall)
State Affairs
5/10/2023
Engrossed
Senate Research Center
H.B. 5010
By: Schofield (Hall)
State Affairs
5/10/2023
Engrossed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
H.B. 5010 amends current law relating to the classification of a grievance filed with the State Bar of Texas.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 81.073, Government Code, as follows:
Sec. 81.073. CLASSIFICATION OF GRIEVANCES. (a) Requires the chief disciplinary counsel's office to classify each grievance on receipt as:
(1) a complaint, if the grievance:
(A) creates this paragraph from existing text; 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) creates this paragraph from existing text;
(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) redesignates existing Paragraph (B) as Paragraph (C).
(b) Authorizes a complainant or an attorney against whom a grievance is filed to appeal the classification of a grievance, rather than a grievance as an inquiry, to the Board of Disciplinary Appeals, or the complainant is authorized to amend and resubmit the grievance. Deletes existing text prohibiting an attorney against whom a grievance is filed from appealing the classification of the grievance.
SECTION 2. Amends Section 81.074, Government Code, as follows:
Sec. 81.074. DISPOSITION OF INQUIRIES. Requires the chief disciplinary counsel to:
(1) makes no changes to this subdivision; and
(2) refer each inquiry classified under certain sections, including Section 81.073(a)(2)(B), and dismissed under this section to the voluntary mediation and dispute resolution procedure established under Section 81.072(e) (relating to requiring the state bar to establish a voluntary mediation and dispute resolution procedure that meets certain criteria).
SECTION 3. Makes application of this Act prospective.
SECTION 4. Effective date: September 1, 2023.