Bill Text: TX HB5101 | 2023-2024 | 88th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to procedures for a complaint filed with the State Bar of Texas against an attorney.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-04-25 - Committee report sent to Calendars [HB5101 Detail]

Download: Texas-2023-HB5101-Introduced.html

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88R13918 TSS-D
By: Schofield H.B. No. 5101

A BILL TO BE ENTITLED
AN ACT
relating to procedures for a complaint filed with the State Bar of
Texas against an attorney.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 81.075, Government Code, is amended by
amending Subsection (b) and adding Subsections (f) and (g) to read
as follows:
(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 and a stay is not
ordered under Subsection (f):
(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.
(f) After the chief disciplinary counsel reviews and
investigates a complaint and finds just cause, the supreme court,
on its own motion or the motion of the respondent attorney, may
order a stay and reconsider the counsel's finding. After reviewing
the complaint and investigation, the supreme court may place the
complaint on a dismissal docket or affirm the finding of just cause.
(g) Unless a stay is ordered under Subsection (f), the
filing of a motion for stay and reconsideration under Subsection
(f) has no effect on a filing deadline or other time prescribed for
a trial or hearing under Subsection (b)(2). If the supreme court
does not grant or deny a motion for stay and reconsideration filed
under Subsection (f) on or before the 45th day after the date the
motion is filed, the motion is considered denied.
SECTION 2. The changes in law made by this Act apply only to
a grievance filed with the State Bar of Texas on or after the
effective date of this Act. A grievance filed before the effective
date of this Act is governed by the law in effect on the date the
grievance was filed, and the former law is continued in effect for
that purpose.
SECTION 3. This Act takes effect September 1, 2023.