| 1 | 1 | | 88R9572 TSS-F |
|---|
| 2 | 2 | | By: Hall S.B. No. 2462 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the classification of a grievance filed with the State |
|---|
| 8 | 8 | | Bar of Texas. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 81.073, Government Code, is amended to |
|---|
| 11 | 11 | | read as follows: |
|---|
| 12 | 12 | | Sec. 81.073. CLASSIFICATION OF GRIEVANCES. (a) The chief |
|---|
| 13 | 13 | | disciplinary counsel's office shall classify each grievance on |
|---|
| 14 | 14 | | receipt as: |
|---|
| 15 | 15 | | (1) a complaint, if the grievance: |
|---|
| 16 | 16 | | (A) alleges conduct that, if true, constitutes |
|---|
| 17 | 17 | | professional misconduct or disability cognizable under the Texas |
|---|
| 18 | 18 | | Disciplinary Rules of Professional Conduct; and |
|---|
| 19 | 19 | | (B) is submitted by a person who has a cognizable |
|---|
| 20 | 20 | | individual interest in or connection to the legal matter or facts |
|---|
| 21 | 21 | | alleged in the grievance; or |
|---|
| 22 | 22 | | (2) an inquiry, if: |
|---|
| 23 | 23 | | (A) the grievance alleges conduct that, even if |
|---|
| 24 | 24 | | true, does not constitute professional misconduct or disability |
|---|
| 25 | 25 | | cognizable under the Texas Disciplinary Rules of Professional |
|---|
| 26 | 26 | | Conduct; |
|---|
| 27 | 27 | | (B) the grievance is submitted by a person who |
|---|
| 28 | 28 | | does not have a cognizable individual interest in or connection to |
|---|
| 29 | 29 | | the legal matter or facts alleged in the grievance; or |
|---|
| 30 | 30 | | (C) [(B)] the respondent attorney is deceased, |
|---|
| 31 | 31 | | has relinquished the attorney's license to practice law in this |
|---|
| 32 | 32 | | state to avoid disciplinary action, or is not licensed to practice |
|---|
| 33 | 33 | | law in this state. |
|---|
| 34 | 34 | | (b) A complainant or an attorney against whom a grievance is |
|---|
| 35 | 35 | | filed may appeal the classification of a grievance as an inquiry to |
|---|
| 36 | 36 | | the Board of Disciplinary Appeals, or the complainant may amend and |
|---|
| 37 | 37 | | resubmit the grievance. [An attorney against whom a grievance is |
|---|
| 38 | 38 | | filed may not appeal the classification of the grievance.] |
|---|
| 39 | 39 | | SECTION 2. Section 81.074, Government Code, is amended to |
|---|
| 40 | 40 | | read as follows: |
|---|
| 41 | 41 | | Sec. 81.074. DISPOSITION OF INQUIRIES. The chief |
|---|
| 42 | 42 | | disciplinary counsel shall: |
|---|
| 43 | 43 | | (1) dismiss a grievance classified as an inquiry; and |
|---|
| 44 | 44 | | (2) refer each inquiry classified under Section |
|---|
| 45 | 45 | | 81.073(a)(2)(A) or (B) and dismissed under this section to the |
|---|
| 46 | 46 | | voluntary mediation and dispute resolution procedure established |
|---|
| 47 | 47 | | under Section 81.072(e). |
|---|
| 48 | 48 | | SECTION 3. The changes in law made by this Act apply only to |
|---|
| 49 | 49 | | a grievance filed on or after the effective date of this Act. A |
|---|
| 50 | 50 | | grievance filed before the effective date of this Act is governed by |
|---|
| 51 | 51 | | the law in effect on the date the grievance was filed, and the |
|---|
| 52 | 52 | | former law is continued in effect for that purpose. |
|---|
| 53 | 53 | | SECTION 4. This Act takes effect September 1, 2023. |
|---|