Title GV, Government Code

Sec. 81.080. ISSUANCE OF SUBPOENA; OBJECTION. (a) On approval of the presiding officer of the appropriate district grievance committee, the chief disciplinary counsel may, during an investigation of a grievance, issue a subpoena that relates directly to a specific allegation of a…

Sec. 81.081. ATTORNEY SELF-REPORTING. The chief disciplinary counsel shall develop guidelines and a procedure for an attorney to self-report: (1) any criminal offense committed by the attorney; and (2) any disciplinary action taken by another state's bar against the attorney. Add…

Sec. 81.082. PROCESS TO IDENTIFY COMPLAINTS SUITABLE FOR SETTLEMENT OR INVESTIGATORY HEARING. (a) The chief disciplinary counsel shall develop a process to identify a complaint that is appropriate for a settlement attempt or an investigatory hearing before a trial is requested or…

Sec. 81.083. SANCTION GUIDELINES. (a) The chief disciplinary counsel shall propose and the supreme court shall adopt by rule sanction guidelines to: (1) associate a specific rule violation or ethical misconduct with a range of appropriate sanctions; (2) provide aggravating and mi…

Sec. 81.084. GRIEVANCE TRACKING SYSTEM. (a) The chief disciplinary counsel shall create and maintain a grievance tracking system for grievances filed and disciplinary decisions issued under this subchapter. (b) The grievance tracking system must: (1) associate each rule violation…

Sec. 81.085. REGULAR SEARCH OF NATIONAL LAWYER REGULATORY DATA BANK. The chief disciplinary counsel shall establish a process to regularly search the National Lawyer Regulatory Data Bank maintained by the American Bar Association to identify a member of the state bar who is disci…

Sec. 81.086. TELECONFERENCE. The chief disciplinary counsel may hold investigatory and disciplinary hearings by teleconference. Added by Acts 2017, 85th Leg., R.S., Ch. 531 (S.B. 302), Sec. 9, eff. September 1, 2017. SUBCHAPTER E-1. COMMITTEE ON DISCIPLINARY RULES AND REFERENDA; …

Sec. 81.0871. DEFINITION. In this subchapter, "committee" means the Committee on Disciplinary Rules and Referenda. Added by Acts 2017, 85th Leg., R.S., Ch. 531 (S.B. 302), Sec. 10, eff. September 1, 2017.

Sec. 81.0872. ESTABLISHMENT OF COMMITTEE. (a) The committee consists of nine members, including: (1) three attorneys appointed by the president of the state bar; (2) one nonattorney public member appointed by the president of the state bar; (3) four attorneys appointed by the sup…

Sec. 81.0873. COMMITTEE DUTIES. The committee shall: (1) regularly review the Texas Disciplinary Rules of Professional Conduct and the Texas Rules of Disciplinary Procedure; (2) at least annually issue to the supreme court and the board of directors a report on the adequacy of th…

Sec. 81.0874. STAFF ATTORNEY. The state bar may hire a staff attorney to assist the committee. Added by Acts 2017, 85th Leg., R.S., Ch. 531 (S.B. 302), Sec. 10, eff. September 1, 2017.

Sec. 81.0875. INITIATION OF RULE PROPOSAL PROCESS. (a) The committee may initiate the process for proposing a disciplinary rule for the state bar as the committee considers necessary or in conjunction with the review of the Texas Disciplinary Rules of Professional Conduct and the…

Sec. 81.0876. RULE PROPOSAL. (a) On initiation of the process for proposing a disciplinary rule, the committee shall: (1) study the issue to be addressed by the proposed rule; (2) hold a public hearing on the issue; (3) draft the proposed rule, which may not address more than one…

Sec. 81.0877. APPROVAL OF PROPOSED DISCIPLINARY RULE BY BOARD OF DIRECTORS. (a) The board of directors shall vote on each proposed disciplinary rule recommended by the committee not later than the 120th day after the date the rule is received from the committee. The board shall v…

Sec. 81.0878. REFERENDUM VOTE BY STATE BAR MEMBERS. (a) On receipt of a petition filed by the board of directors under Section 81.0877(b), the supreme court shall: (1) distribute a copy of the rule in ballot form to each member of the state bar and order a vote on the rule; and (…

Sec. 81.0879. SUPREME COURT APPROVAL OR REJECTION. The supreme court by majority vote may approve or reject a proposed disciplinary rule in its entirety, but may not approve or reject only part of the rule. If the supreme court does not vote on the rule on or before the 120th day…

Sec. 81.08791. RULE DELIBERATIONS. (a) The committee, the board of directors, or the supreme court shall provide notice of any deliberation on a proposed disciplinary rule, and the deliberation must be open to the public. (b) The board of directors and the supreme court shall rec…

Sec. 81.08792. PROPOSED DISCIPLINARY RULE APPROVAL REQUIRED BEFORE ADOPTION. A proposed disciplinary rule may not be adopted by the supreme court unless the rule is approved by: (1) the committee; (2) the board of directors; (3) the members of the state bar; and (4) the supreme c…

Sec. 81.08793. USE OF TECHNOLOGY. The supreme court, the committee, and the state bar shall use technological solutions throughout the disciplinary rule proposal process to promote: (1) financial efficiency; and (2) comments from interested persons. Added by Acts 2017, 85th Leg.,…

Sec. 81.08794. EXPIRED TIME AND DEFEATED RULE PROPOSAL. (a) If a time limit provided by this subchapter expires or a disciplinary rule proposal is otherwise defeated, the process for initiating the proposed disciplinary rule may again be initiated in accordance with this subchapt…

Sec. 81.0881. DEFINITIONS. In this subchapter: (1) "Ombudsman" means the ombudsman for the attorney discipline system of the state bar. (2) "System" means the attorney discipline system of the state bar. Added by Acts 2017, 85th Leg., R.S., Ch. 531 (S.B. 302), Sec. 10, eff. Septe…

Sec. 81.0882. OMBUDSMAN FOR ATTORNEY DISCIPLINE SYSTEM. (a) The state bar shall fund one full-time equivalent position of ombudsman for the attorney discipline system. (b) The ombudsman is selected by the members of the supreme court and is independent of the state bar, the board…

Sec. 81.0883. POWERS AND DUTIES OF OMBUDSMAN. (a) The ombudsman shall: (1) review grievances to determine whether the state bar followed the proper grievance procedures; (2) receive complaints about the system; (3) receive and investigate complaints on violations of the system's …

Sec. 81.0884. ACCESS TO INFORMATION. The chief disciplinary counsel, a district grievance committee, the board of directors, the commission, and state bar members shall share with the ombudsman requested information that is necessary to: (1) determine whether the state bar follow…

Sec. 81.0885. CONFIDENTIAL INFORMATION; PRIVILEGED COMMUNICATIONS. (a) All types of information, proceedings, hearing transcripts, and statements presented to the ombudsman are confidential and may not be disclosed to any person other than the chief disciplinary counsel unless di…

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. (c) The supreme court shall design…

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 a…

Sec. 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, Sec. 3.…

Sec. 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 o…

Sec. 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, Sec. 3.01, eff. Sept. 1, 1987. SUBCHAPTER G. UNAUTHORIZED PRACTICE OF LAW

Sec. 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 re…

Sec. 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 t…

Sec. 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: (…

Sec. 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 thr…

Sec. 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 at…

Sec. 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, Sec. 3.01, eff. Sept. 1, 198…

Sec. 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 du…

Sec. 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, Sec. 28, eff…

Sec. 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…

Sec. 81.114. ATTORNEY INSTRUCTION RELATED TO GUARDIANSHIP ISSUES. (a) The state bar shall provide a course of instruction for attorneys who represent any person's interests in guardianship cases or who serve as court-appointed guardians. (b) The state bar shall adopt the rules ne…

Sec. 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 pro…

Sec. 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) additio…

Sec. 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 comprehensi…

Sec. 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; a…

Sec. 81.151. APPLICABILITY. (a) This subchapter applies only to a television advertisement that promotes a person's provision of legal services or solicits clients to receive legal services. (b) This subchapter does not apply to an advertisement by a federal, state, or local gove…

Sec. 81.152. PROHIBITED ADVERTISING. An advertisement for legal services may not: (1) present the advertisement as a "medical alert," "health alert," "drug alert," "public service announcement," or substantially similar phrase that suggests to a reasonable viewer the advertisemen…