CHAPTER 81. STATE BAR
GOVERNMENT CODE
TITLE 2. JUDICIAL BRANCH
SUBTITLE G. ATTORNEYS
CHAPTER 81. STATE BAR
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 81.001. SHORT TITLE. This chapter may be cited as the
State Bar Act.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987.
Sec. 81.002. DEFINITIONS. In this chapter:
(1) "State bar" means the State Bar of Texas.
(2) "Executive director" means the executive director of the
state bar.
(3) "General counsel" means the general counsel of the state
bar.
(4) "Board of directors" means the board of directors of the
state bar.
(5) "Commission" means the Commission for Lawyer Discipline
described by Section 81.076 and as provided in the Texas Rules of
Disciplinary Procedure adopted by the Supreme Court of Texas.
(6) "Chief disciplinary counsel" means the attorney selected
under Section 81.076 who performs disciplinary functions for the
state bar under the Texas Disciplinary Rules of Professional
Conduct and the Texas Rules of Disciplinary Procedure.
(7) "Minority member" means a member of the state bar who is
female, African-American, Hispanic-American, Native American, or
Asian-American.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 795, Sec. 1, eff.
Sept. 1, 1991.
Sec. 81.003. SUNSET PROVISION. The state bar is subject to
Chapter 325 (Texas Sunset Act). Unless continued in existence as
provided by that chapter, this chapter expires September 1, 2015.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 795, Sec. 2, eff.
Sept. 1, 1991; Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec. 6.11,
eff. Nov. 12, 1991; Acts 2003, 78th Leg., ch. 227, Sec. 1, eff.
Sept. 1, 2003.
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
Sec. 81.011. GENERAL POWERS. (a) The state bar is a public
corporation and an administrative agency of the judicial
department of government.
(b) This chapter is in aid of the judicial department's powers
under the constitution to regulate the practice of law, and not
to the exclusion of those powers.
(c) The Supreme Court of Texas, on behalf of the judicial
department, shall exercise administrative control over the state
bar under this chapter.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987.
Sec. 81.012. PURPOSES. In order that the public
responsibilities of the legal profession may be more effectively
discharged, the state bar has the following purposes:
(1) to aid the courts in carrying on and improving the
administration of justice;
(2) to advance the quality of legal services to the public and
to foster the role of the legal profession in serving the public;
(3) to foster and maintain on the part of those engaged in the
practice of law high ideals and integrity, learning, competence
in public service, and high standards of conduct;
(4) to provide proper professional services to the members of
the state bar;
(5) to encourage the formation of and activities of local bar
associations;
(6) to provide forums for the discussion of subjects pertaining
to the practice of law, the science of jurisprudence and law
reform, and the relationship of the state bar to the public; and
(7) to publish information relating to the subjects listed in
Subdivision (6).
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 795, Sec. 3, eff.
Sept. 1, 1991.
Sec. 81.013. SEAL. The state bar has an official seal, which
may not be used for private purposes.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987.
Sec. 81.014. SUITS. The state bar may sue and be sued in its
own name.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987.
Sec. 81.015. CONTRACTS. To carry out and promote the objectives
of this chapter, the state bar may enter into contracts and do
all other acts incidental to those contracts that are necessary
or expedient for the administration of its affairs and for the
attainment of its purposes.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987.
Sec. 81.0151. PURCHASING. The board of directors shall adopt
guidelines and procedures for purchasing that are consistent with
the guidelines and procedures in Chapters 2155-2158. Purchases
are subject to the ultimate review of the supreme court. The
state bar shall maintain reports on state bar purchases and shall
make those reports available for review by the state auditor.
Added by Acts 1991, 72nd Leg., ch. 795, Sec. 4, eff. Sept. 1,
1991. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.19, eff.
Sept. 1, 1997.
Sec. 81.016. PROPERTY. (a) The state bar may acquire by gift,
bequest, devise, or other manner any interest in real or personal
property.
(b) The state bar may acquire, hold, lease, encumber, and
dispose of real and personal property in the exercise of its
powers and the performance of its duties under this chapter.
(c) The property of the state bar is held by the state bar for
the purposes set out in Section 81.012. If the state bar ceases
to exist as a legal entity for any reason, all property of the
state bar shall be held in trust by the supreme court for the
attorneys of this state.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 795, Sec. 5, eff.
Sept. 1, 1991.
Sec. 81.017. INDEBTEDNESS, LIABILITY, OR OBLIGATION. (a) An
indebtedness, liability, or obligation of the state bar does not:
(1) create a debt or other liability of the state or of any
entity other than the state bar or any successor public
corporation; or
(2) create any personal liability on the part of the members of
the state bar or the members of the board of directors or any
authorized person issuing, executing, or delivering any evidence
of the indebtedness, liability, or obligation.
(b) The state bar may not create an indebtedness, liability, or
obligation that cannot be paid from the receipts for the current
year unless approved by referendum of all members of the state
bar as provided by Section 81.024.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987.
Sec. 81.018. CONTRACTUAL OBLIGATIONS. Any bond, note,
debenture, evidence of indebtedness, mortgage, deed of trust,
assignment, pledge, contract, lease, agreement, or other
contractual obligation owed to or by the state bar on June 11,
1979, remains in force and effect according to the terms of the
obligation.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987.
Sec. 81.019. OFFICERS OF STATE BAR. (a) The officers of the
state bar are the president, president-elect, and immediate past
president.
(b) Except as provided by Subsection (c), the officers shall be
elected in accordance with rules for the election of officers and
directors prepared and proposed by the supreme court as provided
by Section 81.024.
(c) The election rules must permit any member's name to be
printed on the ballot as a candidate for president-elect if a
written petition requesting that action and signed by at least
five percent of the membership of the state bar is filed with the
executive director at least 30 days before the election ballots
are to be distributed to the membership.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 795, Sec. 6, eff.
Sept. 1, 1991; Acts 2003, 78th Leg., ch. 227, Sec. 2, eff. Sept.
1, 2003.
Sec. 81.020. BOARD OF DIRECTORS. (a) The governing body of the
state bar is the board of directors.
(b) The board is composed of:
(1) the officers of the state bar;
(2) the president, president-elect, and immediate past president
of the Texas Young Lawyers Association;
(3) not more than 30 members of the state bar elected by the
membership from their district as determined by the board;
(4) six persons appointed by the supreme court and confirmed by
the senate who are not attorneys and who do not have, other than
as consumers, a financial interest in the practice of law; and
(5) four minority member directors appointed by the president as
provided by Subsection (d).
(c) Elected members serve three-year terms. Nonattorney members
serve staggered terms of the same length as terms of elected
board members. The supreme court shall annually appoint two
nonattorney members, with at least one of the two from a list of
at least five names submitted by the governor. Appointments to
the board shall be made without regard to the race, color,
disability, sex, religion, age, or national origin of the
appointees. A person who has served more than half of a full term
is not eligible for reappointment to the board.
(d) The president of the state bar appoints the minority member
directors, subject to confirmation by the board of directors. In
making appointments under this subsection, the president shall
attempt to appoint members of the different minority groups
listed in Section 81.002(7). Minority member directors serve
three-year terms. To be eligible for appointment as a minority
member director, a person must:
(1) be a minority member of the bar;
(2) not be serving as an elected director at the time of
appointment; and
(3) not be serving as a minority member director at the time of
appointment.
(e) Repealed by Acts 2003, 78th Leg., ch. 227, Sec. 22.
(f) The board of directors shall develop and implement policies
that clearly separate the responsibilities of the board and the
management responsibilities of the executive director and the
staff of the state bar.
(g) The board of directors shall prepare and maintain a written
plan that describes how a person who does not speak English or
who has a physical, mental, or developmental disability can be
provided reasonable access to the state bar's programs.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 795, Sec. 7, eff.
Sept. 1, 1991; Acts 2003, 78th Leg., ch. 227, Sec. 3, 22, eff.
Sept. 1, 2003.
Sec. 81.0201. TRAINING PROGRAM FOR BOARD MEMBERS. (a) A person
who is elected or appointed to and qualifies for office as a
member of the board of directors may not vote, deliberate, or be
counted as a member in attendance at a meeting of the board until
the person completes a training program that complies with this
section.
(b) The training program must provide the person with
information regarding:
(1) the legislation that created the state bar and the board;
(2) the programs operated by the state bar;
(3) the role and functions of the state bar;
(4) the rules of the state bar, with an emphasis on the rules
that relate to disciplinary and investigatory authority;
(5) the current budget for the state bar;
(6) the results of the most recent formal audit of the state
bar;
(7) the requirements of:
(A) the open meetings law, Chapter 551;
(B) the public information law, Chapter 552; and
(C) other laws relating to public officials, including
conflict-of-interest laws; and
(8) any applicable ethics policies adopted by the state bar or
the Texas Ethics Commission.
Added by Acts 2003, 78th Leg., ch. 227, Sec. 4, eff. Sept. 1,
2003.
Sec. 81.021. OPEN MEETINGS; PUBLIC PARTICIPATION. (a) Meetings
of the board of directors of the state bar are subject to Chapter
551.
(b) The board of directors shall develop and implement policies
that provide the public with a reasonable opportunity to appear
before the board and to speak on any issue under the jurisdiction
of the board.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 795, Sec. 8, eff.
Sept. 1, 1991; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(83), eff.
Sept. 1, 1995.
Sec. 81.0215. STRATEGIC PLAN. (a) The state bar shall develop
a comprehensive, long-range strategic plan for its operations.
Each even-numbered year, the state bar shall issue a plan
covering five fiscal years beginning with the next odd-numbered
fiscal year.
(b) The strategic plan must include measurable goals and a
system of performance measures that:
(1) relates directly to the identified goals; and
(2) focuses on the results and outcomes of state bar operations
and services.
(c) Each year, the state bar shall report the performance
measures included in the strategic plan under this section to the
supreme court and the editor of the Texas Bar Journal for
publication.
Added by Acts 2003, 78th Leg., ch. 227, Sec. 4, eff. Sept. 1,
2003.
Sec. 81.022. ANNUAL BUDGET; PUBLIC BUDGET HEARING. (a) The
executive director of the state bar shall confer with the clerk
of the supreme court and shall supervise the administrative staff
of the state bar in preparation of the annual budget.
(a-1) In developing and approving the annual budget, the state
bar and supreme court shall:
(1) consider the goals and performance measures identified in
the strategic plan developed under Section 81.0215; and
(2) identify additional goals and performance measures as
necessary.
(b) The proposed budget shall be presented annually at a public
hearing. Not later than the 30th day before the day the hearing
is held, the proposed budget and notice of the time and place of
the budget hearing shall be disseminated to the membership of the
state bar and to the public.
(c) The executive director shall preside at the budget hearing
or, if the executive director is unable to preside, may authorize
any employee of the administrative staff or any officer or
director of the state bar to preside. Any member of the public
may participate in the discussion of any item proposed to be
included in the budget.
(d) After the public hearing, the proposed budget shall be
submitted to the board of directors for its consideration. The
budget adopted by the board of directors shall be submitted to
the supreme court for final review and approval. The board of
directors, at a regular or special meeting, may amend the budget
subject to approval by the supreme court.
(e) After implementing a budget approved by the supreme court,
the state bar shall report to the court regarding the state bar's
performance on the goals and performance measures identified in
the strategic plan developed under Section 81.0215. The state bar
shall:
(1) revise the goals and performance measures as necessary; and
(2) notify the supreme court of the revisions.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987. Amended by Acts 2003, 78th Leg., ch. 227, Sec. 5, eff.
Sept. 1, 2003.
Sec. 81.0221. ALCOHOLIC BEVERAGES. None of the funds of the
state bar collected from mandatory dues may be used for the
purchase of alcoholic beverages.
Added by Acts 1991, 72nd Leg., ch. 795, Sec. 10, eff. Sept. 1,
1991.
Sec. 81.023. AUDIT; FINANCIAL REPORT. (a) The financial
transactions of the state bar are subject to audit by the state
auditor in accordance with Chapter 321, Government Code. The
state bar shall pay the expense of the audit. The auditor's
report shall be published in the Bar Journal.
(b) The state bar shall file annually with the supreme court,
the governor, and the presiding officer of each house of the
legislature a complete and detailed written report accounting for
all funds received and disbursed by the state bar during the
preceding fiscal year. The annual report must be in the form and
reported in the time provided by the General Appropriations Act.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987. Amended by Acts 1989, 71st Leg., ch. 584, Sec. 3, eff.
Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 795, Sec. 9, eff. Sept.
1, 1991.
Sec. 81.024. RULES. (a) The supreme court shall promulgate the
rules governing the state bar. The rules may be amended as
provided by this section.
(b) The supreme court may, either as it considers necessary,
pursuant to a resolution of the board of directors of the state
bar, or pursuant to a petition signed by at least 10 percent of
the registered members of the state bar, prepare, propose, and
adopt rules or amendments to rules for the operation,
maintenance, and conduct of the state bar and the discipline of
its members.
(c) When the supreme court has prepared and proposed rules or
amendments to rules under this section, the court shall
distribute a copy of each proposed rule or amendment in ballot
form to each registered member of the state bar for a vote.
(d) At the end of the 30-day period following the date the
ballots are distributed, the court shall count the returned
ballots.
(e) The supreme court shall promulgate each rule and amendment
that receives a majority of the votes cast in an election. The
rule or amendment takes effect immediately on promulgation by the
court.
(f) The vote shall be open to inspection by any member of the
bar or the public.
(g) A rule may not be promulgated unless it has been approved by
the members of the state bar in the manner provided by this
section.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987. Amended by Acts 2003, 78th Leg., ch. 227, Sec. 6, eff.
Sept. 1, 2003.
Sec. 81.0241. ELECTRONIC TRANSMISSION OF ELECTION MATERIALS.
(a) The state bar may, with the approval of the supreme court,
distribute by electronic transmission ballots and related
materials and receive by electronic transmission completed
ballots in an election under this chapter.
(b) Before approving the distribution or receipt of ballots and
related materials by electronic transmission under this section,
the supreme court must be satisfied that the state bar has
implemented procedures that ensure each member of the state bar
will have secure access to election ballots and information.
Added by Acts 2003, 78th Leg., ch. 227, Sec. 7, eff. Sept. 1,
2003.
Sec. 81.0242. PARTICIPATION IN ELECTIONS. The state bar, in the
manner provided by the supreme court, shall:
(1) promote and monitor participation of members of the state
bar in elections under this chapter; and
(2) report statistics regarding that participation to the
supreme court and the editor of the Texas Bar Journal for
publication.
Added by Acts 2003, 78th Leg., ch. 227, Sec. 7, eff. Sept. 1,
2003.
Sec. 81.025. BAR DISTRICTS. (a) The board of directors shall
from time to time reapportion the state into bar districts for
electing directors from those districts or to perform any other
duty imposed on the state bar by this chapter or the rules of the
state bar.
(b) In determining the districts, the board must consider the
purposes of the state bar as set out in Section 81.012.
(c) Any reapportionment is subject to the supreme court's
approval.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987.
Sec. 81.026. COMMITTEES AND SECTIONS. (a) The board may create
committees, subject to the executive committee's approval under
Subchapter I, and sections as it considers advisable and
necessary to carry out the purposes of this chapter.
(b) This chapter does not prohibit the appointment of
nonattorneys to a committee of the state bar.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987. Amended by Acts 2003, 78th Leg., ch. 227, Sec. 8, eff.
Sept. 1, 2003.
Sec. 81.027. REMOVAL OF DIRECTOR. (a) The board of directors
may remove a director from the board at any regular meeting by
resolution declaring the director's position vacant. It is a
ground for removal from the board that a director:
(1) does not have at the time of taking office the applicable
qualifications for office, if any;
(2) does not maintain during service on the board the applicable
qualifications for office, if any;
(3) is ineligible for membership under Section 81.028 or 81.031;
(4) cannot, because of illness or disability, discharge the
director's duties for a substantial part of the director's term;
or
(5) is absent from more than half of the regularly scheduled
board meetings that the director is eligible to attend during a
calendar year without an excuse approved by a majority vote of
the board.
(b) The validity of an action of the board of directors is not
affected by the fact that it is taken when a ground for removal
of a director exists.
(c) If the executive director has knowledge that a potential
ground for removal of a director exists, the executive director
shall notify the president of the state bar and the director of
the ground.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 795, Sec. 11, eff.
Sept. 1, 1991; Acts 2003, 78th Leg., ch. 227, Sec. 9, eff. Sept.
1, 2003.
Sec. 81.028. RELATIONSHIP WITH TRADE ASSOCIATION. (a) In this
section, "Texas trade association" means a cooperative and
voluntarily joined statewide association of business or
professional competitors in this state designed to assist its
members and its industry or profession in dealing with mutual
business or professional problems and in promoting their common
interest.
(b) A person may not be a member of the board of directors and
may not be a state bar employee employed in a "bona fide
executive, administrative, or professional capacity," as that
phrase is used for purposes of establishing an exemption to the
overtime provisions of the federal Fair Labor Standards Act of
1938 (29 U.S.C. Section 201 et seq.), and its subsequent
amendments, if:
(1) the person is an officer, employee, or paid consultant of a
Texas trade association in the field of board interest; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of board
interest.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987. Amended by Acts 2003, 78th Leg., ch. 227, Sec. 10, eff.
Sept. 1, 2003.
Sec. 81.029. EXECUTIVE DIRECTOR. (a) The board of directors,
by a majority vote, elects the executive director. The executive
director serves at the pleasure of the board.
(b) The executive director shall execute the policies and
directives of the board in all state bar activities except the
activities for which the general counsel is given responsibility
either by this chapter or by the board.
(c) The executive director shall perform the duties usually
required of a corporate secretary and other duties as assigned by
the board.
(d) The executive director shall act as the treasurer of the
state bar and shall receive from the clerk of the supreme court
state bar funds as provided by this chapter. The funds are
subject to audit as provided by Section 81.023.
(e) The executive director shall maintain the membership files
and shall confer with the clerk of the supreme court as to the
maintenance of those files.
(f) Repealed by Acts 2003, 78th Leg., ch. 285, Sec. 31(8).
(g) The executive director has no vote on matters before the
board of directors.
(h) The executive director or the executive director's designee
shall develop an intra-agency career ladder program. The program
shall require intra-agency postings of all nonentry level
positions concurrently with any public posting.
(i) The executive director or the executive director's designee
shall develop a system of annual performance evaluations. All
merit pay for state bar employees must be based on the system
established under this subsection.
(j) The executive director or the executive director's designee
shall prepare and maintain a written policy statement that
implements a program of equal employment opportunity to ensure
that all personnel decisions are made without regard to race,
color, disability, sex, religion, age, or national origin. The
policy statement must include:
(1) personnel policies, including policies relating to
recruitment, evaluation, selection, training, and promotion of
personnel, that show the intent of the state bar to avoid the
unlawful employment practices described by Chapter 21, Labor
Code; and
(2) an analysis of the extent to which the composition of the
state bar's personnel is in accordance with state and federal law
and a description of reasonable methods to achieve compliance
with state and federal law.
(k) The policy statement must:
(1) be updated annually;
(2) be reviewed by the state Commission on Human Rights for
compliance with Subsection (j)(1); and
(3) be filed with the supreme court and the governor's office.
(l) Repealed by Acts 2003, 78th Leg., ch. 227, Sec. 22.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 795, Sec. 12, eff.
Sept. 1, 1991; Acts 2003, 78th Leg., ch. 227, Sec. 11, 22, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 285, Sec. 31(8), eff.
Sept. 1, 2003.
Sec. 81.030. GENERAL COUNSEL. (a) The board of directors, by a
majority vote, elects the general counsel of the state bar. The
general counsel holds office at the pleasure of the board.
(b) The general counsel must be a member of the state bar.
(c) The general counsel shall perform the duties usually
expected of and performed by a general counsel.
(d) The general counsel shall perform those duties delegated by
the board of directors.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 795, Sec. 13, eff.
Sept. 1, 1991.
Sec. 81.031. CONFLICT OF INTEREST. (a) The executive director
and the general counsel of the state bar are subject to Chapter
572.
(b) A person may not serve as a member of the board of directors
or as the general counsel to the state bar if the person is
required to register as a lobbyist under Chapter 305, Government
Code, because of the person's activities for compensation on
behalf of a profession related to the operation of the state bar.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 304, Sec. 3.12, eff.
Jan. 1, 1992; Acts 1991, 72nd Leg., ch. 795, Sec. 14, eff. Sept.
1, 1991; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(41), eff. Sept.
1, 1995.
Sec. 81.032. DEPUTY CLERK. (a) The clerk of the supreme court,
with the permission of the court, may employ a deputy to assist
the clerk in discharging the duties imposed on the clerk by this
chapter or by rules promulgated under this chapter.
(b) The board of directors of the state bar shall set the
deputy's salary. The salary shall be paid from state bar funds.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987.
Sec. 81.033. OPEN RECORDS. (a) All records of the state bar,
except for records pertaining to grievances that are confidential
under the Texas Rules of Disciplinary Procedure, and records
pertaining to the Texas Board of Legal Specialization, are
subject to Chapter 552.
(b) The use of confidential records and information for purposes
of the client security fund does not waive confidentiality or
privilege.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 795, Sec. 15, eff.
Sept. 1, 1991; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(93), eff.
Sept. 1, 1995.
Sec. 81.034. RESTRICTION ON USE OF FUNDS. Fees collected under
this chapter and other funds received by the state bar may not be
used for influencing the passage or defeat of any legislative
measure unless the measure relates to the regulation of the legal
profession, improving the quality of legal services, or the
administration of justice and the amount of the expenditure is
reasonable and necessary. This subsection does not prohibit a
member of the board of directors or an officer or employee of the
state bar from furnishing information in the person's possession
that is not confidential information to a member or committee of
the legislature on request of the member or committee.
Added by Acts 1991, 72nd Leg., ch. 795, Sec. 16, eff. Sept. 1,
1991.
Sec. 81.035. INFORMATION REGARDING REQUIREMENTS FOR OFFICE OR
EMPLOYMENT. The executive director or the executive director's
designee shall provide to members of the board of directors and
to agency employees, as often as necessary, information regarding
the requirements for office or employment under this chapter,
including information regarding a person's responsibilities under
applicable laws relating to standards of conduct for state
officers or employees.
Added by Acts 2003, 78th Leg., ch. 227, Sec. 12, eff. Sept. 1,
2003.
Sec. 81.036. INFORMATION ON CERTAIN COMPLAINTS. (a) The state
bar shall maintain a file on each written complaint, other than a
grievance against an attorney, filed with the state bar. The file
must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint is received by the state bar;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to the
complaint;
(5) a summary of the results of the review or investigation of
the complaint; and
(6) an explanation of the reason the file was closed, if the
state bar closed the file without taking action other than to
investigate the complaint.
(b) The state bar shall provide to the person filing the
complaint and to each person who is a subject of the complaint a
copy of the state bar's policies and procedures relating to
complaint investigation and resolution.
(c) The state bar, at least quarterly until final disposition of
the complaint, shall notify the person filing the complaint and
each person who is a subject of the complaint of the status of
the investigation unless the notice would jeopardize an
undercover investigation.
Added by Acts 2003, 78th Leg., ch. 227, Sec. 12, eff. Sept. 1,
2003.
Sec. 81.038. USE OF TECHNOLOGY. The board of directors shall
develop and implement a policy requiring the executive director
and state bar employees to research and propose appropriate
technological solutions to improve the state bar's ability to
perform its functions. The technological solutions must:
(1) ensure that the public is able to easily find information
about the state bar on the Internet;
(2) ensure that persons who want to use the state bar's services
are able to:
(A) interact with the state bar through the Internet; and
(B) access any service that can be provided effectively through
the Internet; and
(3) be cost-effective and developed through the state bar's
planning processes.
Added by Acts 2003, 78th Leg., ch. 227, Sec. 12, eff. Sept. 1,
2003.
SUBCHAPTER C. MEMBERSHIP
Sec. 81.051. BAR MEMBERSHIP REQUIRED. (a) The state bar is
composed of those persons licensed to practice law in this state.
Bar members are subject to this chapter and to the rules adopted
by the supreme court.
(b) Each person licensed to practice law in this state shall,
not later than the 10th day after the person's admission to
practice, enroll in the state bar by registering with the clerk
of the supreme court.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987.
Sec. 81.052. MEMBERSHIP CLASSES. (a) A bar membership is one
of four classes: active, inactive, emeritus, or associate.
(b) Each licensed member of the state bar is an active member
until the person requests to be enrolled as an inactive member.
(c) An inactive member is a person who:
(1) is eligible for active membership but not engaged in the
practice of law in this state; and
(2) has filed with the executive director and the clerk of the
supreme court written notice requesting enrollment as an inactive
member.
(d) An inactive member at his request may become an active
member on application and payment of required fees.
(e) An emeritus member is a person who:
(1) is either an active or inactive member in good standing who
is at least 70 years old; and
(2) has filed a written notice requesting enrollment as an
emeritus member.
(f) A person enrolled in law school in this state may be
enrolled as an associate member.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987.
Sec. 81.053. STATUS OF CERTAIN MEMBERSHIP CLASSES. (a) An
inactive member may not practice law in this state, hold an
office in the state bar, or vote in any election conducted by the
state bar.
(b) An emeritus member has all the privileges of membership in
the state bar.
(c) An associate member may not practice law, except as provided
by rule promulgated by the supreme court, and may not hold office
in the state bar or vote in any election conducted by the state
bar.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 795, Sec. 17, eff.
Sept. 1, 1991.
Sec. 81.054. MEMBERSHIP FEES AND ADDITIONAL FEES. (a) The
supreme court shall set membership fees and other fees for
members of the state bar. The fees, except as provided by
Subsection (j) and those set for associate members, must be set
in accordance with this section and Section 81.024.
(b) An emeritus member is not required to pay a membership fee
for the year in which the member reaches the age of 70 or any
year following that year.
(c) Fees shall be paid to the clerk of the supreme court. The
clerk shall retain the fees, other than fees collected under
Subsection (j), until distributed to the state bar for
expenditure under the direction of the supreme court to
administer this chapter. The clerk shall retain the fees
collected under Subsection (j) until distribution is approved by
an order of the supreme court. In ordering that distribution, the
supreme court shall order that the fees collected under
Subsection (j) be remitted to the comptroller at least as
frequently as quarterly. The comptroller shall credit 50 percent
of the remitted fees to the credit of the judicial fund for
programs approved by the supreme court that provide basic civil
legal services to the indigent and shall credit the remaining 50
percent of the remitted fees to the fair defense account in the
general revenue fund which is established under Section 71.058,
to be used, subject to all requirements of Section 71.062, for
demonstration or pilot projects that develop and promote best
practices for the efficient delivery of quality representation to
indigent defendants in criminal cases at trial, on appeal, and in
postconviction proceedings.
(d) Fees collected under Subsection (j) may be used only to
provide basic civil legal services to the indigent and legal
representation and other defense services to indigent defendants
in criminal cases as provided by Subsection (c). Other fees
collected under this chapter may be used only for administering
the public purposes provided by this chapter.
(e) The state bar by rule may adopt a system under which
membership fees are due on various dates during the year. For the
year in which a due date is changed, the annual fee shall be
prorated on a monthly basis so that the member pays only that
portion of the fee that is allocable to the number of months
remaining before the new expiration date. An increase in fees
applies only to fees that are payable on or after the effective
date of the increase.
(f) A person who is otherwise eligible to renew the person's
membership may renew the membership by paying the required
membership fees to the state bar on or before the due date.
(g) A person whose membership has been expired for 90 days or
less may renew the membership by paying to the state bar
membership fees equal to 1-1/2 times the normally required
membership fees.
(h) A person whose membership has been expired for more than 90
days but less than one year may renew the membership by paying to
the state bar membership fees equal to two times the normally
required membership fees.
(i) Not later than the 30th day before the date a person's
membership is scheduled to expire, the state bar shall send
written notice of the impending expiration to the person at the
person's last known address according to the records of the state
bar.
(j) The supreme court shall set an additional legal services fee
in an amount of $65 to be paid annually by each active member of
the state bar except as provided by Subsection (k). Section
81.024 does not apply to a fee set under this subsection.
(k) The legal services fee shall not be assessed on any Texas
attorney who:
(1) is 70 years of age or older;
(2) has assumed inactive status under the rules governing the
State Bar of Texas;
(3) is a sitting judge;
(4) is an employee of the state or federal government;
(5) is employed by a city, county, or district attorney's office
and who does not have a private practice that accounts for more
than 50 percent of the attorney's time;
(6) is employed by a 501(c)(3) nonprofit corporation and is
prohibited from the outside practice of law;
(7) is exempt from MCLE requirements because of nonpracticing
status; or
(8) resides out of state and does not practice law in Texas.
(l) In this section, "indigent" has the meaning assigned by
Section 51.941.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 795, Sec. 18, eff.
Sept. 1, 1991; Acts 2003, 78th Leg., ch. 227, Sec. 13, 14, eff.
Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
161, Sec. 1, eff. May 22, 2007.
Acts 2007, 80th Leg., R.S., Ch.
855, Sec. 4, eff. September 1, 2007.
SUBCHAPTER D. ADMISSION TO PRACTICE
Sec. 81.061. SUPREME COURT JURISDICTION EXCLUSIVE. Rules
governing the admission to the practice of law are within the
exclusive jurisdiction of the supreme court. The officers and
directors of the state bar do not have authority to approve or
disapprove of any rule governing admissions to the practice of
law or to regulate or administer those admissions standards.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987.
SUBCHAPTER E. DISCIPLINE
Sec. 81.071. DISCIPLINARY JURISDICTION. Each attorney admitted
to practice in this state and each attorney specially admitted by
a court of this state for a particular proceeding is subject to
the disciplinary and disability jurisdiction of the supreme court
and the Commission for Lawyer Discipline, a committee of the
state bar.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 795, Sec. 19, eff.
Sept. 1, 1991.
Sec. 81.072. GENERAL DISCIPLINARY AND DISABILITY PROCEDURES.
(a) In furtherance of the supreme court's powers to supervise
the conduct of attorneys, the court shall establish disciplinary
and disability procedures in addition to the procedures provided
by this subchapter.
(b) The supreme court shall establish minimum standards and
procedures for the attorney disciplinary and disability system.
The standards and procedures for processing grievances against
attorneys must provide for:
(1) classification of all grievances and investigation of all
complaints;
(2) a full explanation to each complainant on dismissal of an
inquiry or a complaint;
(3) periodic preparation of abstracts of inquiries and
complaints filed that, even if true, do or do not constitute
misconduct;
(4) an information file for each grievance filed;
(5) a grievance tracking system to monitor processing of
grievances by category, method of resolution, and length of time
required for resolution;
(6) notice by the state bar to the parties of a written
grievance filed with the state bar that the state bar has the
authority to resolve of the status of the grievance, at least
quarterly and until final disposition, unless the notice would
jeopardize an undercover investigation;
(7) an option for a trial in a district court on a complaint and
an administrative system for attorney disciplinary and disability
findings in lieu of trials in district court, including an appeal
procedure to the Board of Disciplinary Appeals and the supreme
court under the substantial evidence rule;
(8) an administrative system for reciprocal and compulsory
discipline;
(9) interim suspension of an attorney posing a threat of
immediate irreparable harm to a client;
(10) authorizing all parties to an attorney disciplinary
hearing, including the complainant, to be present at all hearings
at which testimony is taken and requiring notice of those
hearings to be given to the complainant not later than the
seventh day before the date of the hearing;
(11) the commission adopting rules that govern the use of
private reprimands by grievance committees and that prohibit a
committee:
(A) giving an attorney more than one private reprimand within a
five-year period for a violation of the same disciplinary rule;
or
(B) giving a private reprimand for a violation that involves a
failure to return an unearned fee, a theft, or a misapplication
of fiduciary property; and
(12) distribution of a voluntary survey to all complainants
urging views on grievance system experiences.
(c) In addition to the minimum standards and procedures provided
by this chapter, the supreme court, under Section 81.024 shall
prepare, propose, and adopt rules it considers necessary for
disciplining, suspending, disbarring, and accepting resignations
of attorneys.
(d) Each attorney is subject to the Texas Rules of Disciplinary
Procedure and the Texas Disciplinary Rules of Professional
Conduct.
(e) The state bar shall establish a voluntary mediation and
dispute resolution procedure to:
(1) attempt to resolve each allegation of attorney misconduct
that is:
(A) classified as an inquiry under Section 81.073(a)(2)(A)
because it does not constitute an offense cognizable under the
Texas Disciplinary Rules of Professional Conduct; or
(B) classified as a complaint and subsequently dismissed; and
(2) facilitate coordination with other programs administered by
the state bar to address and attempt to resolve inquiries and
complaints referred to the voluntary mediation and dispute
resolution procedure.
(e-1) All types of information, proceedings, hearing
transcripts, and statements presented during the voluntary
mediation and dispute resolution procedure established under
Subsection (e) are confidential to the same extent the
information, proceedings, transcripts, or statements would be
confidential if presented to a panel of a district grievance
committee.
(f) Responses to the survey provided for in Subsection (b)(12)
may not identify either the complainant or attorney and shall be
open to the public. The topics must include:
(1) treatment by the grievance system staff and volunteers;
(2) the fairness of grievance procedures;
(3) the length of time for grievance processing;
(4) disposition of the grievance; and
(5) suggestions for improvement of the grievance system.
(g) A person may not maintain an action against a complainant or
witness in a disciplinary proceeding based on a communication
made by the complainant or witness to the commission, a grievance
committee, or the chief disciplinary counsel. The immunity
granted by this subsection is absolute and unqualified.
(h) The state bar or a court may not require an attorney against
whom a disciplinary action has been brought to disclose
information protected by the attorney-client privilege if the
client did not initiate the grievance that is the subject of the
action.
(i) A panel of a district grievance committee of the state bar
that votes on a grievance matter shall disclose to the
complainant and the respondent in the matter the number of
members of the panel:
(1) voting for a finding of just cause;
(2) voting against a finding of just cause; and
(3) abstaining from voting on the matter.
(j) A quorum of a panel of a district grievance committee of the
state bar must include one public member for each two attorney
members.
(k) A member of a panel of a district grievance committee of the
state bar may vote on a grievance matter to which the panel was
assigned only if the member is present at the hearing at which
the vote takes place.
(l) A person may be appointed to serve on a panel of a district
grievance committee of the state bar only if the person is a
member of the district grievance committee from which the panel
was assigned and the person was appointed to serve on the
committee in strict accordance with the Texas Rules of
Disciplinary Procedure.
(m) A panel of a district grievance committee of the state bar
may not be changed in size for the purpose of obtaining a quorum
on the panel without the approval of the complainant and the
respondent in the grievance matter to which the panel was
assigned.
(n) A member of a panel of a district grievance committee of the
state bar may not be substituted with another member of the
district grievance committee on the day of the hearing for which
the panel was assigned without the approval of the complainant
and the respondent in the grievance matter.
(o) Whenever a grievance is either dismissed as an inquiry or
dismissed as a complaint in accordance with the Texas Rules of
Disciplinary Procedure and that dismissal has become final, the
respondent attorney may thereafter deny that a grievance was
pursued and may file a motion with the tribunal seeking
expunction of all records on the matter, other than statistical
or identifying information maintained by the chief disciplinary
counsel pertaining to the grievance.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 795, Sec. 20, eff.
Sept. 1, 1991; Acts 2001, 77th Leg., ch. 1436, Sec. 1, eff. Sept.
1, 2001; Acts 2003, 78th Leg., ch. 227, Sec. 15, 16, eff. Sept.
1, 2003.
Sec. 81.073. CLASSIFICATION OF GRIEVANCES. (a) The chief
disciplinary counsel's office shall classify each grievance on
receipt as:
(1) a complaint, if the grievance alleges conduct that, if true,
constitutes professional misconduct or disability cognizable
under the Texas Disciplinary Rules of Professional Conduct; or
(2) an inquiry, if:
(A) the grievance alleges conduct that, even if true, does not
constitute professional misconduct or disability cognizable under
the Texas Disciplinary Rules of Professional Conduct; or
(B) the respondent attorney is deceased, has relinquished the
attorney's license to practice law in this state to avoid
disciplinary action, or is not licensed to practice law in this
state.
(b) A complainant may appeal the classification of a grievance
as an inquiry to the Board of Disciplinary Appeals, or the
complainant may amend and resubmit the grievance. An attorney
against whom a grievance is filed may not appeal the
classification of the grievance.
Added by Acts 2003, 78th Leg., ch. 227, Sec. 17, eff. Sept. 1,
2003.
Sec. 81.074. DISPOSITION OF INQUIRIES. The chief disciplinary
counsel shall:
(1) dismiss a grievance classified as an inquiry; and
(2) refer each inquiry classified under Section 81.073(a)(2)(A)
and dismissed under this section to the voluntary mediation and
dispute resolution procedure established under Section 81.072(e).
Added by Acts 2003, 78th Leg., ch. 227, Sec. 17, eff. Sept. 1,
2003.
Sec. 81.075. DISPOSITION OF COMPLAINTS. (a) The chief
disciplinary counsel shall review and investigate each grievance
classified as a complaint to determine whether there is just
cause, as defined by the Texas Rules of Disciplinary Procedure.
(b) After the chief disciplinary counsel reviews and
investigates a complaint:
(1) if the counsel finds there is no just cause, the counsel
shall place the complaint on a dismissal docket; or
(2) if the counsel finds just cause:
(A) the respondent attorney may request a trial in a district
court on the complaint in accordance with the procedures adopted
by the supreme court; or
(B) the counsel shall place the complaint on a hearing docket if
the respondent attorney does not request a trial in a district
court.
(c) A panel of a district grievance committee shall consider
each complaint placed on the dismissal docket at a closed hearing
without the complainant or the respondent attorney present. The
panel may:
(1) approve the dismissal of the complaint and refer the
complaint to the voluntary mediation and dispute resolution
procedure established under Section 81.072(e); or
(2) deny the dismissal of the complaint and place the complaint
on a hearing docket.
(d) A panel of a district grievance committee shall conduct a
hearing on each complaint placed on the hearing docket. The
commission and the respondent attorney are parties to the
hearing, and the chief disciplinary counsel presents the
complainant's case at the hearing. Each party may seek and the
panel may issue a subpoena to compel attendance and production of
records before the panel. Each party may conduct limited
discovery in general accordance with the Texas Rules of Civil
Procedure as prescribed by rules of the supreme court.
(e) After conducting a hearing under Subsection (d), the panel
of the district grievance committee may:
(1) dismiss the complaint and refer it to the voluntary
mediation and dispute resolution procedure established under
Section 81.072(e);
(2) find that the respondent attorney suffers from a disability
and forward that finding to the Board of Disciplinary Appeals for
referral to a district disability committee; or
(3) find that professional misconduct occurred and impose
sanctions.
Added by Acts 2003, 78th Leg., ch. 227, Sec. 17, eff. Sept. 1,
2003.
Sec. 81.0751. APPEALS. (a) The commission or a respondent
attorney may appeal:
(1) a finding of a panel of a district grievance committee under
Section 81.075(e) only to the Board of Disciplinary Appeals;
(2) a finding of the Board of Disciplinary Appeals to the
supreme court; and
(3) a judgment of a district court as in civil cases generally.
(b) In an appeal of a finding of a panel of a district grievance
committee made to the Board of Disciplinary Appeals, the board
may:
(1) affirm in whole or part the panel's finding;
(2) modify the panel's finding and affirm the finding as
modified;
(3) reverse in whole or part the panel's finding and enter a
finding the board determines the panel should have entered; or
(4) reverse the panel's finding and remand the complaint for a
rehearing to be conducted by:
(A) the panel that entered the finding; or
(B) a statewide grievance committee panel composed of members
selected from the state bar districts other than the district
from which the appeal was taken.
Added by Acts 2003, 78th Leg., ch. 227, Sec. 17, eff. Sept. 1,
2003.
Sec. 81.0752. CONFIDENTIALITY. (a) All types of information,
proceedings, hearing transcripts, and statements presented to a
panel of a district grievance committee are confidential and may
not be disclosed to any person other than the chief disciplinary
counsel unless:
(1) disclosure is ordered by a court; or
(2) the panel finds that professional misconduct occurred and a
sanction other than a private reprimand is imposed against the
respondent attorney.
(b) If the requirements of Subsection (a)(2) are met, the panel
of the district grievance committee shall, on request, make the
information, proceedings, hearing transcripts, or statements
available to the public.
Added by Acts 2003, 78th Leg., ch. 227, Sec. 17, eff. Sept. 1,
2003.
Sec. 81.0753. RULES REGARDING GRIEVANCES. The supreme court
shall promulgate rules regarding the classification and
disposition of grievances, including rules specifying time limits
for each stage of the grievance resolution process.
Added by Acts 2003, 78th Leg., ch. 227, Sec. 17, eff. Sept. 1,
2003.
Sec. 81.076. COMMISSION FOR LAWYER DISCIPLINE. (a) The
Commission for Lawyer Discipline shall review the structure,
function, and effectiveness of the disciplinary and disability
procedures implemented pursuant to this chapter and supreme court
rules.
(b) The commission is a standing committee of the state bar. The
commission is composed of 12 persons. Six members must be
attorneys, and six members must not be attorneys. The president
of the state bar appoints the attorney members. The supreme court
appoints the public members. The public members may not have,
other than as consumers, an interest, direct or indirect, in the
practice of law or the profession of law. The supreme court may
remove any member for good cause.
(c) Members serve staggered three-year terms with one-third of
the members' terms expiring each year.
(d) The president of the state bar shall designate an attorney
member as chairperson of the commission who serves for one year.
(e) The commission shall report its findings annually to the
supreme court and the board of directors and include any
recommendations concerning needed changes in disciplinary or
disability procedures or structures.
(f) All necessary and actual expenses of the commission shall be
provided for and paid out of the budget of the state bar.
(g) The commission, with the advice and consent of the board of
directors, shall select a chief disciplinary counsel to serve as
administrator of the state bar's grievance procedure as provided
by the Texas Rules of Disciplinary Procedure. On request of an
unauthorized practice of law committee or a grievance committee,
the chief disciplinary counsel may investigate and prosecute
suits to enjoin members, nonlicensees, and nonmembers of the
state bar from the practice of law.
(h) The commission shall report to the board of directors, the
supreme court, and the legislature, at least annually, concerning
the state of the attorney discipline system and make
recommendations concerning the refinement and improvement of the
system.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 795, Sec. 21, eff.
Sept. 1, 1991.
Sec. 81.077. DISBARMENT PROCEEDINGS. (a) The supreme court may
not adopt or promulgate any rule abrogating the right of trial by
jury of an accused attorney in a disbarment action in the county
of the residence of the accused attorney.
(b) A disbarment proceeding against a resident attorney shall be
instituted in a district court in the county of the attorney's
residence, but the accused attorney may apply for change of venue
under Rule 257, Texas Rules of Civil Procedure.
(c) This chapter does not prohibit a grievance committee from
investigating a complaint of professional misconduct alleged to
have occurred in the geographical area served by the committee,
but any action must be filed in the county of the attorney's
residence.
(d) Venue in a disbarment proceeding against a nonresident
member of the state bar is in a district court either in Travis
County or in any county where the alleged misconduct occurred.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 795, Sec. 22, eff.
Sept. 1, 1991.
Sec. 81.078. DISCIPLINARY PROCEEDINGS. (a) Except as provided
by Subsection (b), until an attorney has been convicted of the
charges for disbarment pending against the attorney in a court of
competent jurisdiction, the attorney may be suspended from the
practice of law only if the attorney concurs in an order of
suspension entered by the grievance committee.
(b) On proof of an attorney's conviction in a trial court of
competent jurisdiction of any felony involving moral turpitude or
of any misdemeanor involving the theft, embezzlement, or
fraudulent misappropriation of money or other property, the
district court of the county of the residence of the convicted
attorney shall enter an order suspending the attorney from the
practice of law during the pendency of any appeals from the
conviction. An attorney who has been given probation after the
conviction, whether adjudicated or unadjudicated, shall be
suspended from the practice of law during the probation.
(c) On proof of final conviction of any felony involving moral
turpitude or any misdemeanor involving theft, embezzlement, or
fraudulent misappropriation of money or other property, the
district court of the county of the residence of the convicted
attorney shall enter an order disbarring the attorney.
(d) In an action to disbar any attorney for acts made the basis
of a conviction for a felony involving moral turpitude or a
misdemeanor involving theft, embezzlement, or fraudulent
misappropriation of money or other property, the record of
conviction is conclusive evidence of the guilt of the attorney
for the crime of which he was convicted.
(e) Either the grievance committee for the bar district or the
general counsel may seek enforcement of this section.
(f) This chapter does not prevent prosecution of an attorney in
a disciplinary action after conviction for a criminal act based
either on the weight of the conviction or on conduct by the
attorney that led to the attorney's conviction.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987.
Sec. 81.079. PUBLIC NOTIFICATION AND INFORMATION. (a) To
provide information to the public relating to the attorney
grievance process, the state bar shall:
(1) develop a brochure written in Spanish and English describing
the bar's grievance process;
(2) establish a toll-free "800" telephone number for public
access to the chief disciplinary counsel's office in Austin and
list the number in telephone directories statewide;
(3) describe the bar's grievance process in the bar's telephone
directory listings statewide; and
(4) make grievance forms written in Spanish and English
available in each county courthouse.
(b) Each attorney practicing law in this state shall provide
notice to each of the attorney's clients of the existence of a
grievance process by:
(1) making grievance brochures prepared by the state bar
available at the attorney's place of business;
(2) posting a sign prominently displayed in the attorney's place
of business describing the process;
(3) including the information on a written contract for services
with the client; or
(4) providing the information in a bill for services to the
client.
Added by Acts 1991, 72nd Leg., ch. 795, Sec. 23, eff. Sept. 1,
1991. Amended by Acts 2003, 78th Leg., ch. 227, Sec. 18, eff.
Sept. 1, 2003.
SUBCHAPTER F. COMMITTEE ON PROFESSIONAL ETHICS
Sec. 81.091. COMMITTEE ON PROFESSIONAL ETHICS. (a) The
professional ethics committee consists of nine members of the
state bar appointed by the supreme court.
(b) Members serve three-year terms with the terms of three
members expiring each year.
(c) The supreme court shall designate a chairperson of the
committee who serves for one year.
(d) This chapter does not prohibit the supreme court from
appointing members of the judicial department to the committee.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1,
1987.
Sec. 81.092. COMMITTEE OPINIONS. (a) The committee shall,
either on its own initiative or when requested to do so by a
member of the state bar, express its opinion on the propriety of
professional conduct other than on a question pending before a
court of this state.
(b) Except as provided by Section 81.093, an opin