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 subject; and
(4) make all reasonable efforts to solicit comments from different geographic regions in this state, nonattorney members of the public, and members of the state bar.
(b) A proposed disciplinary rule is withdrawn six months after the date the rule proposal process is initiated under Section 81.0875(b)(1) if the proposed disciplinary rule is not published on or before that date in:
(1) the Texas Register; and
(2) the Texas Bar Journal.
(c) The committee shall give interested parties at least 30 days from the date the proposed disciplinary rule is published as required under Subsection (b) to submit comments on the rule to the committee.
(d) The committee shall hold a public hearing on the proposed disciplinary rule if, during the comment period described by Subsection (c), the hearing is requested by:
(1) at least 25 people;
(2) a state agency or political subdivision of this state; or
(3) an association with at least 25 members.
(e) On conclusion of the comment period described by Subsection (c), the committee may amend the proposed disciplinary rule in response to the comments.
(f) The committee shall vote on whether to recommend a proposed disciplinary rule to the board of directors not later than the 60th day after the final day of the comment period described by Subsection (c). The committee may not recommend a proposed disciplinary rule unless at least five members of the committee favor recommendation.
(g) The committee shall submit a proposed disciplinary rule that is recommended by the committee to the board of directors for review and consideration.
Added by Acts 2017, 85th Leg., R.S., Ch. 531 (S.B. 302), Sec. 10, eff. September 1, 2017.
Structure Texas Statutes
Subchapter E. -1. Committee on Disciplinary Rules and Referenda; Disciplinary Rule Proposal Process
Section 81.0872. Establishment of Committee
Section 81.0873. Committee Duties
Section 81.0874. Staff Attorney
Section 81.0875. Initiation of Rule Proposal Process
Section 81.0876. Rule Proposal
Section 81.0877. Approval of Proposed Disciplinary Rule by Board of Directors
Section 81.0878. Referendum Vote by State Bar Members
Section 81.0879. Supreme Court Approval or Rejection
Section 81.08791. Rule Deliberations
Section 81.08792. Proposed Disciplinary Rule Approval Required Before Adoption