| 1 | 1 | | 88R13918 TSS-D |
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| 2 | 2 | | By: Schofield H.B. No. 5101 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to procedures for a complaint filed with the State Bar of |
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| 8 | 8 | | Texas against an attorney. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 81.075, Government Code, is amended by |
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| 11 | 11 | | amending Subsection (b) and adding Subsections (f) and (g) to read |
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| 12 | 12 | | as follows: |
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| 13 | 13 | | (b) After the chief disciplinary counsel reviews and |
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| 14 | 14 | | investigates a complaint: |
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| 15 | 15 | | (1) if the counsel finds there is no just cause, the |
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| 16 | 16 | | counsel shall place the complaint on a dismissal docket; or |
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| 17 | 17 | | (2) if the counsel finds just cause and a stay is not |
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| 18 | 18 | | ordered under Subsection (f): |
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| 19 | 19 | | (A) the respondent attorney may request a trial |
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| 20 | 20 | | in a district court on the complaint in accordance with the |
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| 21 | 21 | | procedures adopted by the supreme court; or |
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| 22 | 22 | | (B) the counsel shall place the complaint on a |
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| 23 | 23 | | hearing docket if the respondent attorney does not request a trial |
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| 24 | 24 | | in a district court. |
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| 25 | 25 | | (f) After the chief disciplinary counsel reviews and |
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| 26 | 26 | | investigates a complaint and finds just cause, the supreme court, |
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| 27 | 27 | | on its own motion or the motion of the respondent attorney, may |
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| 28 | 28 | | order a stay and reconsider the counsel's finding. After reviewing |
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| 29 | 29 | | the complaint and investigation, the supreme court may place the |
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| 30 | 30 | | complaint on a dismissal docket or affirm the finding of just cause. |
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| 31 | 31 | | (g) Unless a stay is ordered under Subsection (f), the |
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| 32 | 32 | | filing of a motion for stay and reconsideration under Subsection |
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| 33 | 33 | | (f) has no effect on a filing deadline or other time prescribed for |
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| 34 | 34 | | a trial or hearing under Subsection (b)(2). If the supreme court |
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| 35 | 35 | | does not grant or deny a motion for stay and reconsideration filed |
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| 36 | 36 | | under Subsection (f) on or before the 45th day after the date the |
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| 37 | 37 | | motion is filed, the motion is considered denied. |
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| 38 | 38 | | SECTION 2. The changes in law made by this Act apply only to |
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| 39 | 39 | | a grievance filed with the State Bar of Texas on or after the |
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| 40 | 40 | | effective date of this Act. A grievance filed before the effective |
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| 41 | 41 | | date of this Act is governed by the law in effect on the date the |
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| 42 | 42 | | grievance was filed, and the former law is continued in effect for |
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| 43 | 43 | | that purpose. |
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| 44 | 44 | | SECTION 3. This Act takes effect September 1, 2023. |
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