HB5104 - Relating to membership in and fees collected by the State Bar of Texas and to disciplinary procedures for licensed attorneys.

  89R15935 AMF-D     By: Schatzline H.B. No. 5104       A BILL TO BE ENTITLED   AN ACT   relating to membership in and fees collected by the State Bar of   Texas and to disciplinary procedures for licensed attorneys.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1.  THE STATE BAR AND ATTORNEYS          SECTION 1.01.  Section 22.004(b), Government Code, is   amended to read as follows:          (b)  The supreme court from time to time may promulgate a   specific rule or rules of civil procedure, or an amendment or   amendments to a specific rule or rules, to be effective at the time   the supreme court deems expedient in the interest of a proper   administration of justice. The rules and amendments to rules   remain in effect unless and until disapproved by the legislature.   The clerk of the supreme court shall file with the secretary of   state the rules or amendments to rules promulgated by the supreme   court under this subsection and shall mail a copy of those rules or   amendments to rules to each registered member of the State Bar of   Texas and each attorney licensed to practice law in this state not   later than the 60th day before the date on which they become   effective. On receiving a written request from a member of the   legislature, the secretary of state shall provide the member with   electronic notifications when the supreme court has promulgated   rules or amendments to rules under this section.          SECTION 1.02.  Section 74.024(d), Government Code, is   amended to read as follows:          (d)  Any rules adopted under this section remain in effect   unless and until disapproved by the legislature. The clerk of the   supreme court shall file with the secretary of state the rules or   any amendments to the rules adopted by the supreme court under this   section and shall mail a copy of the rules and any amendments to   each registered member of the State Bar and each attorney licensed   to practice law in this state not later than the 120th day before   the date on which they become effective. The supreme court shall   allow a period of 60 days for review and comment on the rules and any   amendments. The clerk of the supreme court shall report the rules   or amendments to the rules to the next regular session of the   legislature by mailing a copy of the rules or amendments to the   rules to each elected member of the legislature on or before   December 1 immediately preceding the session.          SECTION 1.03.  Section 81.012, Government Code, is amended   to read as follows:          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 and the attorneys licensed to practice law   in this state ;                (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).          SECTION 1.04.  Sections 81.022(a-2), (a-3), and (a-4),   Government Code, are amended to read as follows:          (a-2)   A [ Any change in a ] membership fee or other fee for   state bar members must be:                (1)  clearly described and included in the proposed   budget; and                (2)  considered by the supreme court in the state bar   budget deliberations.          (a-3)   The state bar may not collect a [ Except as provided by   Subsection (a-4), an increase in a ] membership fee or other fee from   [ for ] state bar members [ may not take effect ] until the supreme   court:                (1)  distributes the proposed fee [ fee change ] in   ballot form to each member of the state bar who would be required to   pay the fee and orders a vote;                (2)  counts the returned ballots following the 30th day   after the date the ballots are distributed; and                (3)  promulgates the proposed fee, effective   immediately, only on approval of the fee [ increase ] by two-thirds   [ a majority ] of the members of the state bar who would be required   to pay the fee [ members who voted on the increase ].          (a-4)   The supreme court shall hold the fee referendum   described by Subsection (a-3) once each state fiscal year.   If a   referendum is not held or if two-thirds of the members of the state   bar who would be required to pay the proposed fee fail to approve   the fee, the state bar may not collect the fee from state bar   members during that state fiscal year [ An increase in the fee for   membership in the state bar may be made by the board of directors,   without a vote of the members of the state bar, provided that not   more than one increase may be made by the board of directors in a   six-year period and such increase shall not exceed 10 percent ].          SECTION 1.05.  Section 81.024(b), Government Code, is   amended to read as follows:          (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 the registered   members of the state bar, prepare, propose, and adopt rules or   amendments to rules for the operation, maintenance, and   administration of the state bar; and                (2)  in accordance with Subchapter E-1, adopt rules,   including the Texas Disciplinary Rules of Professional Conduct and   the Texas Rules of Disciplinary Procedure, for the discipline of   state bar members and attorneys licensed to practice law in this   state .          SECTION 1.06.  Section 81.029(e), Government Code, is   amended to read as follows:          (e)  The executive director shall maintain the [ membership ]   files for state bar members and attorneys licensed to practice law   in this state and shall confer with the clerk of the supreme court   as to the maintenance of those files.          SECTION 1.07.  Section 81.034, Government Code, is amended   to read as follows:          Sec. 81.034.  RESTRICTION ON USE OF FUNDS. (a)  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.           (b)     Fees the state bar collects under this chapter or other   funds the state bar receives may not be used to provide a gift,   grant, or donation to influence a judge, justice, judicial   candidate, or judicial association.   A judge, justice, judicial   candidate, member of a judicial association, or descendant or   member of the household of a judge, justice, judicial candidate, or   member of a judicial association may not accept a gift, grant, or   donation from the state bar.            SECTION 1.08.  Section 81.051, Government Code, is amended   to read as follows:          Sec. 81.051.  BAR MEMBERSHIP NOT REQUIRED. (a) The state   bar is composed of those persons licensed to practice law in this   state who elect to become members of the state bar. A person   licensed to practice law in this state is not required to enroll in   the state bar .           (b)   Bar members and attorneys licensed to practice law in   this state are subject to this chapter and to the rules adopted by   the supreme court.           (c)  A [ (b)  Each ] person licensed to practice law in this   state may [ 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.          SECTION 1.09.  The heading to Section 81.053, Government   Code, is amended to read as follows:          Sec. 81.053.  STATUS OF CERTAIN MEMBERSHIP CLASSES AND   NONMEMBERS .          SECTION 1.10.  Section 81.053, Government Code, is amended   by adding Subsection (d) to read as follows:           (d)     A person licensed to practice law in this state who is   not a member of the state bar is prohibited from holding an office   of the state bar or voting in any election conducted by the state   bar.          SECTION 1.11.  Sections 81.054(a), (e), (f), (g), (h), and   (j), Government Code, are amended to read as follows:          (a)   Unless the collection of membership fees and other fees   for members of the state bar is prohibited as provided by Section   81.022(a-4), the [ 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 members, must be set   in accordance with this section and Section 81.022.          (e)  The state bar by rule may adopt a system under which   membership fees are due , if applicable, 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 , if applicable, 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 , if applicable, 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 , if applicable, equal to two times the   normally required membership fees.          (j)   Unless the collection of membership fees and other fees   for members of the state bar is prohibited as provided by Section   81.022(a-4), the [ The ] supreme court shall set an additional legal   services fee in an amount of $65 to be paid annual [Text truncated for display. 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