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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.

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.

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.

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).

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

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.

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.

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.

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.

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;

(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.

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.

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.

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.

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.

(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.

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.

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;

(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.

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.

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.

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.

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.

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.

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