HBA-CMT C.S.H.B. 1712 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1712
By: Maxey
Licensing & Administrative Procedures
4/25/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

In the interest of providing the health care consumer with helpful
information concerning their physicians, legislation passed in the 76th
session instructed the Texas State Board of Medical Examiners to provide
profiles of their licensees for the public. Just as choosing a physician is
an important decision, choosing an attorney that you trust to fight for
your rights or argue for your freedom is an  important decision.
Currently, the information consumers need in order to make informed
decisions about their attorney is not readily available.  C.S.H.B. 1712
requires the State Bar of Texas to compile a list of attorney profiles that
would be made available to the public. 
 
RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the State Bar of Texas in SECTION 1
(Section 81.115, Government Code) of this bill. 

ANALYSIS

C.S.H.B. 1712 amends the Government Code to require the State Bar of Texas
(state bar) to create a profile of each attorney licensed by the state bar
in a format that permits the information to be available online and sets
forth provisions for the information the profile must contain.  Information
to be included in a profile that is not maintained by the state bar in the
ordinary course of the state bar's duties is required to be requested from
an attorney annually.  The bill sets forth provisions regarding such
information and the instructions the state bar is required to provide when
requesting information from the attorney.  The bill provides that the state
bar is not required to disclose confidential information.  The bill
requires the state bar to annually provide each attorney licensed by the
state bar a copy of the attorney's profile, or  provide an individual
attorney with a copy of the attorney's profile  on request.  The state bar
is required to provide the 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, and requires the state bar to annually update the
information contained in the attorney's profile.   

The bill authorizes the state bar to adopt rules relating to the type and
content of additional information to be included in an attorney's profile,
and requires the state bar to adopt rules as necessary to implement the
provisions of the bill. 

The bill authorizes the state bar to collect an annual fee of not more than
$10 from each member of the state bar for the purpose of administering the
provisions of the bill. 

EFFECTIVE DATE

September 1, 2001.




 COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1712 differs from the original bill by modifying the information
that the profile of each attorney must contain.  The substitute provides
that the profile must contain specified information if the attorney
provides such information to the State Bar of Texas (state bar).  The
substitute requires the state bar to inform an attorney that compliance
with a request for information is voluntary.  The substitute adds the
requirement that the state bar annually provide each licensed attorney a
copy of the attorney's profile rather than requiring the state bar to
provide a copy of the profile on an attorney's request.  The substitute
adds the authorization that the state bar collect an annual fee to
administer the provision's of this bill not to exceed $10 from each member
of the state bar.