HBA-DMH, MSH H.B. 792 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 792
By: Wolens
Civil Practices
3/11/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, a grievance may be filed against an attorney with the State Bar
of Texas.  The grievance system is designed to sanction attorneys for
misconduct, but does not provide for the award of damages or civil or
criminal remedies.  The grievances are investigated for a violation of the
Texas Rules of Disciplinary Procedure.  If a violation of professional
misconduct is not proven, the matter is classified as an inquiry and
dismissed.  House Bill 792 establishes the liability of the State Bar of
Texas for its or its employees' conduct, requires stricter compliance with
the Texas Rules of Disciplinary Procedure, and prohibits disclosure of
certain information protected under attorney-client privilege. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 792 amends the Government Code to provide that the State Bar of
Texas and an employee of the state bar are liable for certain damages that
arise from the employee's conduct as an attorney representing the state bar
in a disciplinary proceeding, and authorizes a claimant to bring an action
against the state bar for damages, including exemplary damages.  An
employee of the state bar waives any immunity to suit or from liability for
damages that arises from the employee's conduct as an attorney representing
the state bar in disciplinary proceedings.  The bill requires the state bar
to ensure strict compliance with the Texas Rules of Disciplinary Procedure.
The bill prohibits the state bar or a court from requiring 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 complaint that is the subject of the action.  The bill requires that,
on the filing of a notice of appeal of an order or judgment of disbarment
or suspension, the order or judgment be superseded during the pendency of
the appeal. 

EFFECTIVE DATE

September 1, 2001.