GOVERNMENT CODE
SUBTITLE G. ATTORNEYS
CHAPTER 81. STATE BAR
SUBCHAPTER A. GENERAL PROVISIONS
§ 81.001. SHORT TITLE. This chapter may be cited as the
State Bar Act.
Added by Acts 1987, 70th Leg., ch. 148, § 3.01, eff. Sept. 1,
1987.
§ 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, § 3.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 795, § 1, eff. Sept.
1, 1991.
§ 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, § 3.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 795, § 2, eff. Sept.
1, 1991; Acts 1991, 72nd Leg., 1st C.S., ch. 17, § 6.11, eff.
Nov. 12, 1991; Acts 2003, 78th Leg., ch. 227, § 1, eff. Sept. 1,
2003.
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
§ 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, § 3.01, eff. Sept. 1,
1987.
§ 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, § 3.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 795, § 3, eff. Sept.
1, 1991.
§ 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, § 3.01, eff. Sept. 1,
1987.
§ 81.014. SUITS. The state bar may sue and be sued in
its own name.
Added by Acts 1987, 70th Leg., ch. 148, § 3.01, eff. Sept. 1,
1987.
§ 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, § 3.01, eff. Sept. 1,
1987.
§ 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, § 4, eff. Sept. 1, 1991.
Amended by Acts 1997, 75th Leg., ch. 165, § 17.19, eff. Sept. 1,
1997.
§ 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, § 3.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 795, § 5, eff. Sept.
1, 1991.
§ 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, § 3.01, eff. Sept. 1,
1987.
§ 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, § 3.01, eff. Sept. 1,
1987.
§ 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, § 3.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 795, § 6, eff. Sept.
1, 1991; Acts 2003, 78th Leg., ch. 227, § 2, eff. Sept. 1, 2003.
§ 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, § 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, § 3.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 795, § 7, eff. Sept.
1, 1991; Acts 2003, 78th Leg., ch. 227, § 3, 22, eff. Sept. 1,
2003.
§ 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, § 4, eff. Sept. 1, 2003.
§ 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, § 3.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 795, § 8, eff. Sept.
1, 1991; Acts 1995, 74th Leg., ch. 76, § 5.95(83), eff. Sept. 1,
1995.
§ 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, § 4, eff. Sept. 1, 2003.
§ 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, § 3.01, eff. Sept. 1,
1987. Amended by Acts 2003, 78th Leg., ch. 227, § 5, eff. Sept.
1, 2003.
§ 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, § 10, eff. Sept. 1, 1991.
§ 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, § 3.01, eff. Sept. 1,
1987. Amended by Acts 1989, 71st Leg., ch. 584, § 3, eff. Sept.
1, 1989; Acts 1991, 72nd Leg., ch. 795, § 9, eff. Sept. 1, 1991.
§ 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, § 3.01, eff. Sept. 1,
1987. Amended by Acts 2003, 78th Leg., ch. 227, § 6, eff. Sept.
1, 2003.
§ 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, § 7, eff. Sept. 1, 2003.
§ 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, § 7, eff. Sept. 1, 2003.
§ 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, § 3.01, eff. Sept. 1,
1987.
§ 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, § 3.01, eff. Sept. 1,
1987. Amended by Acts 2003, 78th Leg., ch. 227, § 8, eff. Sept.
1, 2003.
§ 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, § 3.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 795, § 11, eff. Sept.
1, 1991; Acts 2003, 78th Leg., ch. 227, § 9, eff. Sept. 1, 2003.
§ 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, § 3.01, eff. Sept. 1,
1987. Amended by Acts 2003, 78th Leg., ch. 227, § 10, eff. Sept.
1, 2003.
§ 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, § 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, § 22.
Added by Acts 1987, 70th Leg., ch. 148, § 3.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 795, § 12, eff. Sept.
1, 1991; Acts 2003, 78th Leg., ch. 227, § 11, 22, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 285, § 31(8), eff. Sept. 1,
2003.
§ 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, § 3.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 795, § 13, eff. Sept.
1, 1991.
§ 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, § 3.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 304, § 3.12, eff.
Jan. 1, 1992; Acts 1991, 72nd Leg., ch. 795, § 14, eff. Sept. 1,
1991; Acts 1995, 74th Leg., ch. 76, § 5.95(41), eff. Sept. 1,
1995.
§ 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, § 3.01, eff. Sept. 1,
1987.
§ 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, § 3.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 795, § 15, eff. Sept.
1, 1991; Acts 1995, 74th Leg., ch. 76, § 5.95(93), eff. Sept. 1,
1995.
§ 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, § 16, eff. Sept. 1, 1991.
§ 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, § 12, eff. Sept. 1, 2003.
§ 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, § 12, eff. Sept. 1, 2003.
§ 81.037. STATE EMPLOYEE INCENTIVE PROGRAM. The
executive director or the executive director's designee shall
provide to state bar employees information and training on the
benefits and methods of participation in the state employee
incentive program under Subchapter B, Chapter 2108.
Added by Acts 2003, 78th Leg., ch. 227, § 12, eff. Sept. 1, 2003.
§ 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, § 12, eff. Sept. 1, 2003.
SUBCHAPTER C. MEMBERSHIP
§ 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, § 3.01, eff. Sept. 1,
1987.
§ 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, § 3.01, eff. Sept. 1,
1987.
§ 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, § 3.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 795, § 17, eff. Sept.
1, 1991.
§ 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. This subsection
expires on September 1, 2007.
(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, § 3.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 795, § 18, eff. Sept.
1, 1991; Acts 2003, 78th Leg., ch. 227, § 13, 14, eff. Sept. 1,
2003.
SUBCHAPTER D. ADMISSION TO PRACTICE
§ 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, § 3.01, eff. Sept. 1,
1987.
SUBCHAPTER E. DISCIPLINE
§ 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, § 3.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 795, § 19, eff. Sept.
1, 1991.
§ 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, § 3.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 795, § 20, eff. Sept.
1, 1991; Acts 2001, 77th Leg., ch. 1436, § 1, eff. Sept. 1, 2001;
Acts 2003, 78th Leg., ch. 227, § 15, 16, eff. Sept. 1, 2003.
§ 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, § 17, eff. Sept. 1, 2003.
§ 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, § 17, eff. Sept. 1, 2003.
§ 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, § 17, eff. Sept. 1, 2003.
§ 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, § 17, eff. Sept. 1, 2003.
§ 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, § 17, eff. Sept. 1, 2003.
§ 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, § 17, eff. Sept. 1, 2003.
§ 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, § 3.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 795, § 21, eff. Sept.
1, 1991.
§ 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, § 3.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 795, § 22, eff. Sept.
1, 1991.
§ 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, § 3.01, eff. Sept. 1,
1987.
§ 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, § 23, eff. Sept. 1, 1991.
Amended by Acts 2003, 78th Leg., ch. 227, § 18, eff. Sept. 1,
2003.
SUBCHAPTER F. COMMITTEE ON PROFESSIONAL ETHICS
§ 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, § 3.01, eff. Sept. 1,
1987.
§ 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 opinion
requires the concurrence of a quorum of the committee members.
(c) Committee opinions are not binding on the supreme court.
(d) As far as possible, the committee must disclose the
rationale for its opinion and shall indicate whether it is based on
ethical consideration or on disciplinary rules.
(e) The committee shall adopt rules it considers
appropriate relating to the procedures to be used in expressing
opinions. Rules adopted under this subsection take effect when
approved by the supreme court.
Added by Acts 1987, 70th Leg., ch. 148, § 3.01, eff. Sept. 1,
1987.
§ 81.093. PANELS. The committee may meet in
three-member panels to express its opinion on behalf of the whole
committee, but an inquirer who is dissatisfied with the panel's
opinion may appeal it to the full committee for review.
Added by Acts 1987, 70th Leg., ch. 148, § 3.01, eff. Sept. 1,
1987.
§ 81.094. CERTAIN COMMITTEE DUTIES. The committee
shall:
(1) periodically publish its issued opinions to the
legal profession in summary or complete form;
(2) on request provide copies of its issued opinions
to members of the state bar or the public;
(3) on request advise or otherwise assist state bar
committees or local bar associations relating to the Texas
Disciplinary Rules of Professional Conduct and the Texas Rules of
Disciplinary Procedure; and
(4) recommend appropriate amendments or
clarifications of the Texas Disciplinary Rules of Professional
Conduct and the Texas Rules of Disciplinary Procedure that it
considers advisable.
Added by Acts 1987, 70th Leg., ch. 148, § 3.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 795, § 24, eff. Sept.
1, 1991.
§ 81.095. EXPENSES. The state bar shall pay all
necessary and actual expenses of the committee out of the state bar
budget.
Added by Acts 1987, 70th Leg., ch. 148, § 3.01, eff. Sept. 1,
1987.
SUBCHAPTER G. UNAUTHORIZED PRACTICE OF LAW
§ 81.101. DEFINITION. (a) In this chapter the
"practice of law" means the preparation of a pleading or other
document incident to an action or special proceeding or the
management of the action or proceeding on behalf of a client before
a judge in court as well as a service rendered out of court,
including the giving of advice or the rendering of any service
requiring the use of legal skill or knowledge, such as preparing a
will, contract, or other instrument, the legal effect of which
under the facts and conclusions involved must be carefully
determined.
(b) The definition in this section is not exclusive and does
not deprive the judicial branch of the power and authority under
both this chapter and the adjudicated cases to determine whether
other services and acts not enumerated may constitute the practice
of law.
(c) In this chapter, the "practice of law" does not include
the design, creation, publication, distribution, display, or sale,
including publication, distribution, display, or sale by means of
an Internet web site, of written materials, books, forms, computer
software, or similar products if the products clearly and
conspicuously state that the products are not a substitute for the
advice of an attorney. This subsection does not authorize the use
of the products or similar media in violation of Chapter 83 and does
not affect the applicability or enforceability of that chapter.
Added by Acts 1987, 70th Leg., ch. 148, § 3.01, eff. Sept. 1,
1987. Amended by Acts 1999, 76th Leg., ch. 799, § 1, eff. June
18, 1999.
§ 81.1011. EXCEPTION FOR CERTAIN LEGAL
ASSISTANCE. (a) Notwithstanding Section 81.101(a), the
"practice of law" does not include technical advice, consultation,
and document completion assistance provided by an employee or
volunteer of an area agency on aging affiliated with the Texas
Department on Aging who meets the requirements of Subsection (b) if
that advice, consultation, and assistance relates to:
(1) a medical power of attorney or other advance
directive under Chapter 166, Health and Safety Code; or
(2) a designation of guardian before need arises under
Section 679, Texas Probate Code.
(b) An employee or volunteer described by Subsection (a)
must:
(1) provide benefits counseling through an area agency
on aging system of access and assistance to agency clients;
(2) comply with rules adopted by the Texas Department
on Aging regarding qualifications, training requirements, and
other requirements for providing benefits counseling services,
including legal assistance and legal awareness services;
(3) have received specific training in providing the
technical advice, consultation, and assistance described by
Subsection (a); and
(4) be certified by the Texas Department on Aging as
having met the requirements of this subsection.
(c) The Texas Department on Aging by rule shall develop
certification procedures by which the department certifies that an
employee or volunteer described by Subsection (a) has met the
requirements of Subsections (b)(1), (2), and (3).
Added by Acts 2001, 77th Leg., ch. 845, § 1, eff. Sept. 1, 2001.
§ 81.102. STATE BAR MEMBERSHIP REQUIRED. (a) Except
as provided by Subsection (b), a person may not practice law in this
state unless the person is a member of the state bar.
(b) The supreme court may promulgate rules prescribing the
procedure for limited practice of law by:
(1) attorneys licensed in another jurisdiction;
(2) bona fide law students; and
(3) unlicensed graduate students who are attending or
have attended a law school approved by the supreme court.
Added by Acts 1987, 70th Leg., ch. 148, § 3.01, eff. Sept. 1,
1987.
§ 81.103. UNAUTHORIZED PRACTICE OF LAW
COMMITTEE. (a) The unauthorized practice of law committee is
composed of nine persons appointed by the supreme court.
(b) At least three of the committee members must be
nonattorneys.
(c) Committee members serve for staggered terms of three
years with three members' terms expiring each year.
(d) A committee member may be reappointed.
(e) Each year the supreme court shall designate a committee
member to serve as chairperson.
(f) All necessary and actual expenses of the committee
should be provided for and paid out of the budget of the state bar.
Added by Acts 1987, 70th Leg., ch. 148, § 3.01, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 795, § 25, eff. Sept.
1, 1991.
§ 81.104. DUTIES OF UNAUTHORIZED PRACTICE OF LAW
COMMITTEE. The unauthorized practice of law committee shall:
(1) keep the supreme court and the state bar informed
with respect to:
(A) the unauthorized practice of law by lay
persons and lay agencies and the participation of attorneys in that
unauthorized practice of law; and
(B) methods for the prevention of the
unauthorized practice of law; and
(2) seek the elimination of the unauthorized practice
of law by appropriate actions and methods, including the filing of
suits in the name of the committee.
Added by Acts 1987, 70th Leg., ch. 148, § 3.01, eff. Sept. 1,
1987.
§ 81.105. LOCAL COMMITTEES. This chapter does not
prohibit the establishment of local unauthorized practice of law
committees to assist the unauthorized practice of law committee in
carrying out its purposes.
Added by Acts 1987, 70th Leg., ch. 148, § 3.01, eff. Sept. 1,
1987.
§ 81.106. IMMUNITY. (a) The unauthorized practice of
law committee, any member of the committee, or any person to whom
the committee has delegated authority and who is assisting the
committee is not liable for any damages for an act or omission in
the course of the official duties of the committee.
(b) A complainant or a witness in a proceeding before the
committee or before a person to whom the committee has delegated
authority and who is assisting the committee has the same immunity
that a complainant or witness has in a judicial proceeding.
Added by Acts 1991, 72nd Leg., ch. 795, § 26, eff. Sept. 1, 1991.
SUBCHAPTER H. MISCELLANEOUS PROVISIONS
§ 81.112. FEE DISPUTE RESOLUTION PROCEDURE. The state
bar shall establish a standard fee dispute resolution procedure
that may be used by a bar committee or other organization as a model
for a fee dispute resolution program.
Added by Acts 1991, 72nd Leg., ch. 795, § 28, eff. Sept. 1, 1991.
§ 81.113. CONTINUING LEGAL EDUCATION. (a) Except as
provided by Subsection (b), the state bar shall credit an attorney
licensed in this state with meeting the minimum continuing legal
education requirements of the state bar for a reporting year if
during the reporting year the attorney is employed full-time as an
attorney by:
(1) the senate;
(2) the house of representatives;
(3) a committee, division, department, or office of
the senate or house;
(4) the Texas Legislative Council;
(5) the Legislative Budget Board;
(6) the Legislative Reference Library;
(7) the office of the state auditor; or
(8) the Sunset Advisory Commission.
(b) An attorney credited for continuing legal education
under Subsection (a) must meet the continuing legal education
requirements of the state bar in legal ethics or professional
responsibility.
(c) The state bar shall recognize, prepare, or administer
continuing education programs for members of the state bar. A
member of the state bar must participate in the programs to the
extent required by the supreme court to maintain the person's state
bar membership.
Added by Acts 1991, 72nd Leg., ch. 795, § 29, eff. Sept. 1, 1991.
Amended by Acts 2003, 78th Leg., ch. 227, § 19, eff. Sept. 1,
2003.
§ 81.114. ATTORNEY INSTRUCTION RELATED TO GUARDIANSHIP
ISSUES. (a) The state bar shall provide a course of instruction
for attorneys who represent parties in guardianship cases or who
serve as court-appointed guardians.
(b) The state bar shall adopt the rules necessary to
accomplish the purposes of this section.
(c) The instruction must include information about:
(1) statutory and case law relating to guardianships;
(2) the aging process and the nature of disabilities;
(3) the requirements of the Americans with
Disabilities Act (42 U.S.C. Section 12101 et seq.) and related case
and statutory law, rules, and compliance methods;
(4) the principles of equal access and accommodation;
(5) the use of community resources for the disabled;
and
(6) avoidance of stereotypes through a focus on
people's individual abilities, support needs, and inherent
individual value.
(d) The instruction may include information about:
(1) substantive areas of law concerning the needs of
elderly persons and persons with disabilities;
(2) barriers to physical access and methods to
overcome those barriers;
(3) communication needs of elderly persons and persons
with disabilities and the technology available to provide access to
communication;
(4) duties and responsibilities of guardians,
guardians ad litem, attorneys, and court personnel in guardianship
proceedings;
(5) standard definitions and procedures for
determining incapacity;
(6) standards for surrogate decision making;
(7) the doctrine of the least-restrictive
alternative;
(8) the dispute resolution process, especially its
application to elderly persons and persons with disabilities; and
(9) successful programs and funding efforts for
addressing the court-related needs of elderly persons and persons
with disabilities.
Added by Acts 1993, 73rd Leg., ch. 905, § 3, eff. Sept. 1, 1993.
§ 81.115. ONLINE ATTORNEY PROFILES. (a) The state bar
shall create a profile of each attorney licensed by the state bar.
The profile must:
(1) include the information required by Subsection
(b);
(2) include the information described by Subsection
(c) if that information is provided by the attorney to the state
bar; and
(3) be compiled in a format that permits the state bar
to make the information contained in the profile available online
to the public.
(b) A profile must contain the following information on each
attorney:
(1) the name of each law school attended and the date
the attorney graduated;
(2) the date the attorney became licensed to practice
law in this state;
(3) any specialty certification recognized by the
state bar and held by the attorney;
(4) the attorney's primary practice location;
(5) any public disciplinary sanctions issued by the
state bar against the attorney during at least the 10-year period
preceding the date of the profile; and
(6) any public disciplinary sanctions issued by an
entity in another state responsible for attorney discipline in that
state against the attorney during at least the 10-year period
preceding the date of the profile.
(c) The profile must contain the following information on an
attorney if the attorney provides the information to the state bar:
(1) other states in which the attorney is licensed to
practice law;
(2) the courts before which the attorney has been
admitted to practice law;
(3) whether the attorney provides any language
translating services, including translating services for a person
with impairment of hearing, at the attorney's primary practice
location; and
(4) whether the attorney's client service areas are
accessible to persons with disabilities, as defined by federal law.
(d) Information included under Subsection (b) or (c) that is
not maintained by the state bar in the ordinary course of the state
bar's duties shall be requested from an attorney annually. In
requesting information from the attorney, the state bar shall:
(1) inform the attorney that compliance with the
request for information under Subsection (b) is mandatory;
(2) inform the attorney that compliance with the
request for information under Subsection (c) is voluntary;
(3) inform the attorney of the date the information
will be made available to the public; and
(4) instruct the attorney concerning the requirements
under Subsection (f) for the attorney to obtain a copy of the
attorney's profile to make corrections.
(e) This section does not require the state bar to disclose
confidential information.
(f) The state bar shall:
(1) annually provide to each attorney licensed by the
state bar a copy of the attorney's profile; or
(2) provide to an individual attorney a copy of the
attorney's profile on request. The state bar shall provide an
attorney one month from the date a copy of the attorney's profile is
provided to the attorney to correct factual errors in the
attorney's profile.
(g) The state bar shall annually update the information
contained in an attorney's profile. The state bar shall adopt a
form that allows an attorney to update information contained in the
attorney's profile. The form shall be made available on the
Internet and in other formats as prescribed by rules adopted by the
state bar. The state bar may adopt rules relating to the type and
content of additional information that may be included in an
attorney's profile.
(h) For purposes of administering this section, the state
bar may collect from each member of the state bar an annual fee of
not more than $10.
(i) The state bar shall adopt rules as necessary to
implement this section.
Added by Acts 2001, 77th Leg., ch. 862, § 1, eff. Sept. 1, 2001.
SUBCHAPTER I. EXECUTIVE COMMITTEE
§ 81.121. EXECUTIVE COMMITTEE. (a) The executive
committee consists of:
(1) the president, the president-elect, and the
immediate past president of the state bar;
(2) the chair of the board of directors;
(3) the president of the Texas Young Lawyers
Association; and
(4) additional members appointed by the president of
the state bar.
(b) The general counsel and executive director serve as ex
officio members of the committee.
(c) The president of the state bar serves as chair of the
committee. The chair of the board of directors serves as vice chair
of the committee and presides over committee meetings in the
committee chair's absence.
Added by Acts 2003, 78th Leg., ch. 227, § 20, eff. Sept. 1, 2003.
§ 81.122. DUTIES OF EXECUTIVE COMMITTEE. The executive
committee shall:
(1) on the recommendation of the president of the
state bar, approve the creation of additional standing and special
committees of the state bar in accordance with Section 81.123;
(2) conduct a comprehensive review of standing and
special committees of the state bar at least biennially and more
frequently as the executive committee determines necessary to
assess whether there is:
(A) a continued need for each committee; and
(B) unnecessary overlap of the committees'
activities; and
(3) perform other duties as delegated by the board of
directors.
Added by Acts 2003, 78th Leg., ch. 227, § 20, eff. Sept. 1, 2003.
§ 81.123. APPROVAL OF COMMITTEES. Before the executive
committee may approve the creation of an additional standing or
special committee of the state bar, the committee must:
(1) study and determine the fiscal impact creating the
committee would have on the state bar budget; and
(2) poll the chair of each existing committee and
conduct a review to determine whether the matter to be addressed by
the proposed committee could be addressed by an existing committee.
Added by Acts 2003, 78th Leg., ch. 227, § 20, eff. Sept. 1, 2003.
