S.B. No. 825
 
 
 
 
AN ACT
  relating to disciplinary standards and procedures applicable to
  grievances alleging certain prosecutorial misconduct.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 81.072, Government Code, is amended by
  amending Subsection (b) and adding Subsections (b-1) and (b-2) to
  read as follows:
         (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; or
                     (B)  giving a private reprimand for a violation:
                           (i)  that involves a failure to return an
  unearned fee, a theft, or a misapplication of fiduciary property;
  or
                           (ii)  of a disciplinary rule that requires a
  prosecutor to disclose to the defense all evidence or information
  known to the prosecutor that tends to negate the guilt of the
  accused or mitigates the offense, including Rule 3.09(d), Texas
  Disciplinary Rules of Professional Conduct; and
               (12)  distribution of a voluntary survey to all
  complainants urging views on grievance system experiences.
         (b-1)  In establishing minimum standards and procedures for
  the attorney disciplinary and disability system under Subsection
  (b), the supreme court must ensure that the statute of limitations
  applicable to a grievance filed against a prosecutor that alleges a
  violation of the disclosure rule does not begin to run until the
  date on which a wrongfully imprisoned person is released from a
  penal institution.
         (b-2)  For purposes of Subsection (b-1):
               (1)  "Disclosure rule" means the disciplinary rule that
  requires a prosecutor to disclose to the defense all evidence or
  information known to the prosecutor that tends to negate the guilt
  of the accused or mitigates the offense, including Rule 3.09(d),
  Texas Disciplinary Rules of Professional Conduct.
               (2)  "Penal institution" has the meaning assigned by
  Article 62.001, Code of Criminal Procedure.
               (3)  "Wrongfully imprisoned person" has the meaning
  assigned by Section 501.101.
         SECTION 2.  As soon as practicable after the effective date
  of this Act but not later than December 1, 2013, the Texas Supreme
  Court shall amend the Texas Rules of Disciplinary Procedure to
  conform with Section 81.072, Government Code, as amended by this
  Act.
         SECTION 3.  This Act takes effect September 1, 2013.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 825 passed the Senate on
  March 26, 2013, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 825 passed the House on
  May 14, 2013, by the following vote:  Yeas 147, Nays 0, one
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor