| 1 | 1 | | 89R2437 TSS-D |
|---|
| 2 | 2 | | By: Hall S.B. No. 133 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to procedures for a complaint filed with the State Bar of |
|---|
| 10 | 10 | | Texas against an attorney. |
|---|
| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 12 | | SECTION 1. Section 81.075, Government Code, is amended by |
|---|
| 13 | 13 | | amending Subsection (b) and adding Subsections (e-1) and (e-2) to |
|---|
| 14 | 14 | | read as follows: |
|---|
| 15 | 15 | | (b) After the chief disciplinary counsel reviews and |
|---|
| 16 | 16 | | investigates a complaint: |
|---|
| 17 | 17 | | (1) if the counsel finds there is no just cause, the |
|---|
| 18 | 18 | | counsel shall place the complaint on a dismissal docket; or |
|---|
| 19 | 19 | | (2) if the counsel finds just cause and a stay is not |
|---|
| 20 | 20 | | ordered under Subsection (e-1): |
|---|
| 21 | 21 | | (A) the respondent attorney may request a trial |
|---|
| 22 | 22 | | in a district court on the complaint in accordance with the |
|---|
| 23 | 23 | | procedures adopted by the supreme court; or |
|---|
| 24 | 24 | | (B) the counsel shall place the complaint on a |
|---|
| 25 | 25 | | hearing docket if the respondent attorney does not request a trial |
|---|
| 26 | 26 | | in a district court. |
|---|
| 27 | 27 | | (e-1) After the chief disciplinary counsel reviews and |
|---|
| 28 | 28 | | investigates a complaint and finds just cause, the supreme court, |
|---|
| 29 | 29 | | on its own motion or the motion of the respondent attorney, may |
|---|
| 30 | 30 | | order a stay and reconsider the counsel's finding. After reviewing |
|---|
| 31 | 31 | | the complaint and investigation, the supreme court may place the |
|---|
| 32 | 32 | | complaint on a dismissal docket or affirm the finding of just cause. |
|---|
| 33 | 33 | | (e-2) Unless a stay is ordered under Subsection (e-1), the |
|---|
| 34 | 34 | | filing of a motion for stay and reconsideration under Subsection |
|---|
| 35 | 35 | | (e-1) has no effect on a filing deadline or other time prescribed |
|---|
| 36 | 36 | | for a trial or hearing under Subsection (b)(2). If the supreme court |
|---|
| 37 | 37 | | does not grant or deny a motion for stay and reconsideration filed |
|---|
| 38 | 38 | | under Subsection (e-1) on or before the 45th day after the date the |
|---|
| 39 | 39 | | motion is filed, the motion is considered denied. |
|---|
| 40 | 40 | | SECTION 2. The changes in law made by this Act apply only to |
|---|
| 41 | 41 | | a grievance filed with the State Bar of Texas on or after the |
|---|
| 42 | 42 | | effective date of this Act. A grievance filed before the effective |
|---|
| 43 | 43 | | date of this Act is governed by the law in effect on the date the |
|---|
| 44 | 44 | | grievance was filed, and the former law is continued in effect for |
|---|
| 45 | 45 | | that purpose. |
|---|
| 46 | 46 | | SECTION 3. This Act takes effect September 1, 2025. |
|---|