| 1 | 1 | | H.B. No. 5010 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the classification of a grievance filed with the State |
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| 6 | 6 | | Bar of Texas. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 81.073, Government Code, is amended to |
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| 9 | 9 | | read as follows: |
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| 10 | 10 | | Sec. 81.073. CLASSIFICATION OF GRIEVANCES. (a) The chief |
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| 11 | 11 | | disciplinary counsel's office shall classify each grievance on |
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| 12 | 12 | | receipt as: |
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| 13 | 13 | | (1) a complaint, if the grievance: |
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| 14 | 14 | | (A) alleges conduct that, if true, constitutes |
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| 15 | 15 | | professional misconduct or disability cognizable under the Texas |
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| 16 | 16 | | Disciplinary Rules of Professional Conduct; and |
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| 17 | 17 | | (B) is submitted by: |
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| 18 | 18 | | (i) a family member of a ward in a |
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| 19 | 19 | | guardianship proceeding that is the subject of the grievance; |
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| 20 | 20 | | (ii) a family member of a decedent in a |
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| 21 | 21 | | probate matter that is the subject of the grievance; |
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| 22 | 22 | | (iii) a trustee of a trust or an executor of |
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| 23 | 23 | | an estate if the matter that is the subject of the grievance relates |
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| 24 | 24 | | to the trust or estate; |
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| 25 | 25 | | (iv) the judge, prosecuting attorney, |
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| 26 | 26 | | defense attorney, court staff member, or juror in the legal matter |
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| 27 | 27 | | that is the subject of the grievance; |
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| 28 | 28 | | (v) a trustee in a bankruptcy that is the |
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| 29 | 29 | | subject of the grievance; or |
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| 30 | 30 | | (vi) any other person who has a cognizable |
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| 31 | 31 | | individual interest in or connection to the legal matter or facts |
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| 32 | 32 | | alleged in the grievance; or |
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| 33 | 33 | | (2) an inquiry, if: |
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| 34 | 34 | | (A) the grievance alleges conduct that, even if |
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| 35 | 35 | | true, does not constitute professional misconduct or disability |
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| 36 | 36 | | cognizable under the Texas Disciplinary Rules of Professional |
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| 37 | 37 | | Conduct; |
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| 38 | 38 | | (B) the grievance is submitted by a person other |
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| 39 | 39 | | than a person described by Subdivision (1)(B); or |
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| 40 | 40 | | (C) [(B)] the respondent attorney is deceased, |
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| 41 | 41 | | has relinquished the attorney's license to practice law in this |
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| 42 | 42 | | state to avoid disciplinary action, or is not licensed to practice |
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| 43 | 43 | | law in this state. |
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| 44 | 44 | | (b) A complainant or an attorney against whom a grievance is |
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| 45 | 45 | | filed may appeal the classification of a grievance [as an inquiry] |
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| 46 | 46 | | to the Board of Disciplinary Appeals, or the complainant may amend |
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| 47 | 47 | | and resubmit the grievance. [An attorney against whom a grievance |
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| 48 | 48 | | is filed may not appeal the classification of the grievance.] |
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| 49 | 49 | | SECTION 2. Section 81.074, Government Code, is amended to |
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| 50 | 50 | | read as follows: |
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| 51 | 51 | | Sec. 81.074. DISPOSITION OF INQUIRIES. The chief |
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| 52 | 52 | | disciplinary counsel shall: |
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| 53 | 53 | | (1) dismiss a grievance classified as an inquiry; and |
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| 54 | 54 | | (2) refer each inquiry classified under Section |
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| 55 | 55 | | 81.073(a)(2)(A) or (B) and dismissed under this section to the |
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| 56 | 56 | | voluntary mediation and dispute resolution procedure established |
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| 57 | 57 | | under Section 81.072(e). |
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| 58 | 58 | | SECTION 3. The changes in law made by this Act apply only to |
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| 59 | 59 | | a grievance filed on or after the effective date of this Act. A |
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| 60 | 60 | | grievance filed before the effective date of this Act is governed by |
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| 61 | 61 | | the law in effect on the date the grievance was filed, and the |
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| 62 | 62 | | former law is continued in effect for that purpose. |
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| 63 | 63 | | SECTION 4. This Act takes effect September 1, 2023. |
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| 64 | 64 | | ______________________________ ______________________________ |
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| 65 | 65 | | President of the Senate Speaker of the House |
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| 66 | 66 | | I certify that H.B. No. 5010 was passed by the House on May 2, |
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| 67 | 67 | | 2023, by the following vote: Yeas 93, Nays 49, 1 present, not |
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| 68 | 68 | | voting; and that the House concurred in Senate amendments to H.B. |
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| 69 | 69 | | No. 5010 on May 24, 2023, by the following vote: Yeas 101, Nays 44, |
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| 70 | 70 | | 1 present, not voting. |
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| 71 | 71 | | ______________________________ |
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| 72 | 72 | | Chief Clerk of the House |
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| 73 | 73 | | I certify that H.B. No. 5010 was passed by the Senate, with |
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| 74 | 74 | | amendments, on May 19, 2023, by the following vote: Yeas 22, Nays |
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| 75 | 75 | | 8, 1 present, not voting. |
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| 76 | 76 | | ______________________________ |
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| 77 | 77 | | Secretary of the Senate |
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| 78 | 78 | | APPROVED: __________________ |
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| 79 | 79 | | Date |
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| 80 | 80 | | __________________ |
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| 81 | 81 | | Governor |
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