Title GV, Government Code

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 l…

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…

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 repo…

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 performa…

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 persona…

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 …

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 prep…

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 mo…

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 tr…

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 a…

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 pl…

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…

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 Jo…

Sec. 81.024. RULES. (a) The supreme court shall promulgate the rules governing the state bar. (b) The supreme court may: (1) 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 …

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 chapt…

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 co…

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 determin…

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 appo…

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 offi…

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…

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 activitie…

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. (c) The general counsel shall perfo…

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 …

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 st…

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 u…

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 t…

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 offi…

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 com…

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 techno…

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 la…

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. (c) An inactive member is a person…

Sec. 81.053. STATUS OF CERTAIN MEMBERSHIP CLASSES. (a) An inactive member may not practice law in this state, except as provided by rule promulgated by the supreme court for volunteer practice, and may not hold an office in the state bar or vote in any election conducted by the s…

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 during the court's annual budget process under Section 81.022. The fees, except as provided by Subsection (j) and those set for associate …

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 adm…

Sec. 81.062. STATE BAR ADMISSION AND RELIGIOUS BELIEF. In establishing the rules governing the admission to the practice of law under Section 81.061, the supreme court shall ensure that no rule violates Chapter 110, Civil Practice and Remedies Code. Added by Acts 2017, 85th Leg.,…

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 fo…

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…

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: (A) alleges conduct that, if true, constitutes professional misconduct or disability cognizable under the Texas D…

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) or (B) and dismissed under this section to the voluntary mediation and dispute resolu…

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 cou…

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; an…

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) discl…

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. 1…