By: Watson, et al. S.B. No. 302     (Thompson of Harris)           A BILL TO BE ENTITLED   AN ACT   relating to the continuation and functions of the state bar.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 81.003, Government Code, is amended to   read as follows:          Sec. 81.003.  SUNSET PROVISION. The state bar is subject to   Chapter 325 (Texas Sunset Act). Unless continued in existence as   provided by that chapter, this chapter expires September 1, 2029   [2017].          SECTION 2.  Section 81.0201, Government Code, is amended by   amending Subsection (b) and adding Subsection (c) to read as   follows:          (b)  The training program must provide the person with   information regarding:                (1)  the law governing [legislation that created the]   state bar operations [and the board];                (2)  the programs operated by the state bar;                (3)  the role and functions of the state bar;                (4)  the rules of the state bar, with an emphasis on the   rules that relate to disciplinary and investigatory authority;                (4-a)  the scope of and limitations on the rulemaking   authority of the state bar;                (5)  the current budget for the state bar;                (6)  the results of the most recent formal audit of the   state bar;                (7)  the requirements of:                      (A)  laws relating to [the] open meetings [law],   [Chapter 551;                      [(B)  the] public information [law],   administrative procedure, and the disclosure of conflicts of   interest [Chapter 552]; and                      (B) [(C)]  other laws applicable to members of a   state policymaking body in performing their duties [relating to   public officials, including conflict-of-interest laws]; and                (8)  any applicable ethics policies adopted by the   state bar or the Texas Ethics Commission.          (c)  The executive director shall create a training manual   that includes the information required by Subsection (b). The   executive director shall distribute a copy of the training manual   annually to each member of the board of directors. On receipt of   the training manual, each member of the board shall sign and submit   to the executive director a statement acknowledging receipt of the   training manual.          SECTION 3.  Section 81.022, Government Code, is amended by   adding Subsections (a-2), (a-3), and (a-4) to read as follows:          (a-2)  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)  Except as provided by Subsection (a-4), an increase in   a membership fee or other fee for state bar members may not take   effect until the supreme court:                (1)  distributes the proposed fee change in ballot form   to each member of the state bar 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 a majority of   the state bar members who voted on the increase.          (a-4)  The board of directors may increase a membership fee   or other fee for state bar members, without distributing the   proposed fee to the state bar members for a vote, on or after the   sixth anniversary of the preceding fee increase provided the fee   increase amount is not more than 10 percent of the previous fee   amount.          SECTION 4.  Sections 81.024(a) and (b), Government Code, are   amended to read as follows:          (a)  The supreme court shall promulgate the rules governing   the state bar. [The rules may be amended as provided by this   section.]          (b)  The supreme court may:                (1)  [, either] 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 [conduct] 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 [its] members.          SECTION 5.  Subchapter B, Chapter 81, Government Code, is   amended by adding Section 81.037 to read as follows:          Sec. 81.037.  CRIMINAL HISTORY RECORD INFORMATION. (a)  The   state bar shall require that each member of the state bar submit a   complete and legible set of fingerprints, on a form prescribed by   the state bar, to the state bar or to the Department of Public   Safety for the purpose of obtaining criminal history record   information from the department and the Federal Bureau of   Investigation.  The state bar may obtain the information from the   Board of Law Examiners for a state bar member who has been issued an   initial license.          (b)  A state bar member is not required to submit   fingerprints under this section if the member has previously   submitted fingerprints to:                (1)  the Board of Law Examiners and the Board of Law   Examiners made the information accessible to the state bar; or                (2)  the state bar or the Department of Public Safety   under this chapter.          (c)  The state bar shall conduct a criminal history record   check of each member of the state bar using information:                (1)  provided by the state bar member or the Board of   Law Examiners under this section; or                (2)  made available to the state bar by the Department   of Public Safety, the Federal Bureau of Investigation, and any   other criminal justice agency under Chapter 411, Government Code.          (d)  The state bar may:                (1)  enter into an agreement with the Department of   Public Safety to administer a criminal history record check   required under this section; and                (2)  authorize the Department of Public Safety to   collect from each state bar member the costs incurred by the   department in conducting the criminal history record check.          (e)  The state bar may administratively suspend the license   of a member of the state bar who fails to assist the state bar in   obtaining criminal history record information under this section.          SECTION 6.  Section 81.054(a), Government Code, is amended   to read as follows:          (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 members, must be set in   accordance with this section [and Section 81.024].          SECTION 7.  Section 81.072(e), Government Code, is amended   to read as follows:          (e)  The state bar shall establish a voluntary mediation and   dispute resolution procedure to:                (1)  attempt to resolve each minor grievance referred   to the voluntary mediation and dispute resolution procedure by the   chief disciplinary counsel [allegation of attorney misconduct that   is:                      [(A)     classified as an inquiry under Section   81.073(a)(2)(A) because it does not constitute an offense   cognizable under the Texas Disciplinary Rules of Professional   Conduct; or                      [(B)     classified as a complaint and subsequently   dismissed]; and                (2)  facilitate coordination with other programs   administered by the state bar to address and attempt to resolve   inquiries and complaints referred to the voluntary mediation and   dispute resolution procedure.          SECTION 8.  Subchapter E, Chapter 81, Government Code, is   amended by adding Sections 81.080, 81.081, 81.082, 81.083, 81.084,   81.085, and 81.086 to read as follows:          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 attorney misconduct.          (b)  The chief disciplinary counsel shall provide a process   for a respondent to object to a subpoena issued under this section.          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.          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 the complaint is placed on a hearing   docket.          (b)  The chief disciplinary counsel may authorize a   settlement at any time during the disciplinary process.          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 mitigating factors that   justify deviating from the established sanctions; and                (3)  provide consistency between complaints heard by a   district grievance committee and complaints heard by a district   court.          (b)  The chief disciplinary counsel shall ensure that   interested parties are provided an opportunity to comment on the   proposed sanction guidelines.          (c)  The sanction guidelines adopted under this section do   not limit the authority of a district grievance committee or of a   district judge to make a finding or issue a decision.          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 or instance of   ethical misconduct with the sanction imposed or final action taken   for the violation or misconduct in a diversionary procedure adopted   under state bar rules;                (2)  address whether a sanction decision aligns with   the sanction guidelines adopted under Section 81.083;                (3)  specify the district grievance committee or   district judge that imposed the sanction to evaluate sanction   patterns within the disciplinary districts and facilitate training   for district grievance committee members; and                (4)  include sufficient information to evaluate and   track disciplinary trends over time.          (c)  The chief disciplinary counsel shall:                (1)  periodically evaluate and report information   gathered in the grievance tracking system to the commission and   district grievance committee members; and                (2)  post the information reported under Subdivision   (1) on the state bar's Internet website.          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 disciplined in another state.          Sec. 81.086.  TELECONFERENCE. The chief disciplinary   counsel may hold investigatory and disciplinary hearings by   teleconference.          SECTION 9.  Chapter 81, Government Code, is amended by   adding Subchapters E-1 and E-2 to read as follows:   SUBCHAPTER E-1. COMMITTEE ON DISCIPLINARY RULES AND REFERENDA;   DISCIPLINARY RULE PROPOSAL PROCESS          Sec. 81.0871.  DEFINITION. In this subchapter, "committee"   means the Committee on Disciplinary Rules and Referenda.          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 supreme court; and                (4)  one nonattorney public member appointed by the   supreme court.          (b)  The president of the state bar and the chief justice of   the supreme court shall alternate designating an attorney member of   the committee to serve as the presiding officer of the committee for   a term of one year.          (c)  Committee members serve staggered three-year terms,   with one-third of the members' terms expiring each year.          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 the rules   reviewed under Subdivision (1); and                (3)  oversee the initial process for proposing a   disciplinary rule under Section 81.0875.          Sec. 81.0874.  STAFF ATTORNEY. The state bar may hire a   staff attorney to assist the committee.          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 Texas Rules of   Disciplinary Procedure under Section 81.0873(1).          (b)  Not later than the 60th day after the date the committee   receives a request to initiate the process for proposing a   disciplinary rule, the committee shall:                (1)  initiate the process; or                (2)  issue a written decision declining to initiate the   process and the reasons for declining.          (c)  A request to initiate the process for proposing a   disciplinary rule under Subsection (b) may be made by:                (1)  a resolution of the board of directors;                (2)  a request of the supreme court;                (3)  a request of the commission;                (4)  a petition signed by at least 10 percent of the   registered members of the state bar;                (5)  a concurrent resolution of the legislature; or                (6)  a petition signed by at least 20,000 people, of   which at least 51 percent, or 10,200 or more, must be residents of   this state.          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.          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 vote for or against the rule or return   the rule to the committee for additional consideration.          (b)  If a proposed disciplinary rule is approved by a   majority of the directors, the board of directors shall petition   the supreme court to order a referendum as provided by Section   81.0878 on the rule by the members of the state bar.          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                (2)  publish the rule in:                      (A)  the Texas Register; and                      (B)  the Texas Bar Journal.          (b)  The supreme court shall give state bar members:                (1)  at least 30 days to consider a proposed   disciplinary rule before voting begins; and                (2)  30 days to vote on the proposed disciplinary rule   following the period for considering the proposed rule under   Subdivision (1).          (c)  The state bar shall provide proponents and opponents of   a proposed disciplinary rule an equal opportunity to present their   views at any bar-sponsored forum at which the rule referendum is   discussed.          (d)  One or more proposed disciplinary rules may appear on a   single referendum ballot. State bar members shall vote for or   against each rule.  If a majority of the members who vote on the   proposed rule vote in favor of the rule, the rule is approved by the   members of the state bar.          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 after the date the rule is approved   by bar members under Section 81.0878, the rule is considered   approved by the supreme court.          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   record and make public each vote for or against a proposed   disciplinary rule.          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 court.          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.          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 subchapter.          (b)  For good cause shown, the supreme court may grant a   petition to extend any time limit provided by this subchapter until   a date that is not later than the 90th day after the original   deadline.   SUBCHAPTER E-2. OMBUDSMAN FOR ATTORNEY DISCIPLINE SYSTEM          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.          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 of directors,   the commission, and the chief disciplinary counsel.          (c)  The ombudsman shall report directly to the supreme   court.          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 procedural rules;                (4)  answer questions from the public on the system's   operation, accessing the system, and the availability of other   state bar programs;                (5)  assist members of the public wishing to submit a   lawyer grievance by explaining the information required and the   methods for submitting the information; and                (6)  at least annually, make recommendations to the   board of directors and the supreme court for improvements to the   system, including ways to improve access to the system and changes   to the grievance form.          (b)  The ombudsman may not:                (1)  draft a complaint for a member of the public;                (2)  act as an advocate for a member of the public;                (3)  reverse or modify a finding or judgment in any   disciplinary proceeding; or                (4)  intervene in any disciplinary matter.          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 followed   procedural rules related to a particular grievance; or                (2)  evaluate the system's efficacy and adequacy.          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 disclosure is ordered by a court.          (b)  The ombudsman may not access privileged communications   and information shared between the chief disciplinary counsel and   the commission.          SECTION 10.  Section 81.115(b), Government Code, is amended   to read as follows:          (b)  A profile must contain the following information on each   attorney:                (1)  the name of each law school attended and the date   the attorney graduated;                (2)  the date the attorney became licensed to practice   law in this state;                (3)  any specialty certification recognized by the   state bar and held by the attorney;                (4)  the attorney's primary practice location;                (5)  any public disciplinary sanctions issued by the   state bar against the attorney, including a link on the attorney's   online profile to the full text of the disciplinary judgment   entered by a district grievance committee or district judge [during   at least the 10-year period preceding the date of the profile]; and                (6)  any public disciplinary sanctions issued by an   entity in another state responsible for attorney discipline in that   state against the attorney [during at least the 10-year period   preceding the date of the profile].          SECTION 11.  Section 411.100, Government Code, is amended to   read as follows:          Sec. 411.100.  ACCESS TO CRIMINAL HISTORY RECORD   INFORMATION: BOARD OF LAW EXAMINERS AND STATE BAR OF TEXAS.   (a)  The Board of Law Examiners is entitled to obtain from the   department criminal history record information maintained by the   department that relates to a person who is an applicant to take a   bar examination.          (a-1)  The State Bar of Texas is entitled to obtain:                (1)  from the department, criminal history record   information maintained by the department that relates to a person   who is a member of the state bar; or                (2)  from the Board of Law Examiners, criminal history   record information obtained under Subsection (a).          (b)  Criminal history record information obtained [by the   board] under Subsection (a) or (a-1) may not be released or   disclosed to any person, except on court order or with consent of   the applicant.          (c)  Immediately following the [board's] decision of the   Board of Law Examiners on recommending an applicant, the board   shall collect and make accessible to the State Bar of Texas [seal]   all criminal history record information obtained by the board that   relates to that applicant.          SECTION 12.  Section 411.1005(a), Government Code, is   amended to read as follows:          (a)  The chief disciplinary [general] counsel of the State   Bar of Texas is entitled to obtain from the department criminal   history record information maintained by the department that   relates to a person who is:                (1)  [a person] licensed by the state bar;                (2)  [and who is] the subject of or involved in an   investigation of:                      (A)  professional misconduct relating to a   grievance filed under the disciplinary rules of the state bar; or                      (B)  barratry, the unauthorized practice of law,   or falsely holding oneself out as a lawyer, in violation of Section   38.12, 38.122, or 38.123, Penal Code;                (3) [(2)]  a witness in any disciplinary action or   proceeding conducted by the state bar, the Board of Disciplinary   Appeals, or any court; or                (4) [(3)]  an applicant for reinstatement to practice   law.          SECTION 13.  The following provisions of the Government Code   are repealed:                (1)  Sections 81.024(c), (d), (e), (f), and (g); and                (2)  Section 411.1005(c).          SECTION 14.  (a)  The State Bar of Texas shall obtain   criminal history record information on each person who is a member   of the state bar on the effective date of this Act as authorized by   Section 81.037, Government Code, as added by this Act, not later   than September 1, 2019.          (b)  As soon as practicable after the effective date of this   Act, but not later than January 1, 2018, the president of the State   Bar of Texas and the Texas Supreme Court shall appoint the initial   members of the Committee on Disciplinary Rules and Referenda as   follows:                (1)  the state bar president shall appoint one person   to a term expiring in 2018;                (2)  the supreme court shall appoint two people to   terms expiring in 2018;                (3)  the state bar president shall appoint two people   to terms expiring in 2019;                (4)  the supreme court shall appoint one person to a   term expiring in 2019;                (5)  the state bar president shall appoint one person   to a term expiring in 2020; and                (6)  the supreme court shall appoint two people to   terms expiring in 2020.          (c)  Notwithstanding Subchapter E-1, Government Code, as   added by this Act, not later than March 1, 2018, the Texas Supreme   Court shall adopt the rules necessary to:                (1)  modify the voluntary mediation and dispute   resolution procedures for grievances as required by Section   81.072(e), Government Code, as amended by this Act;                (2)  authorize the issuance of subpoenas under Section   81.080, Government Code, as added by this Act;                (3)  implement Section 81.081, Government Code, as   added by this Act;                (4)  revise the time provided for grievance   investigations, subpoena issuance, investigatory hearings, and   providing voluntary mediation and dispute resolution under Section   81.072(e), Government Code, as amended by this Act;                (5)  establish the process to identify complaints   suitable for settlement attempts and authorize the chief   disciplinary counsel to conduct investigatory and disciplinary   hearings by teleconference under Sections 81.082 and 81.086,   Government Code, as added by this Act;                (6)  establish the grievance referral program as   required by Subsection (d)(3) of this section; and                (7)  establish the sanction guidelines proposed by the   chief disciplinary counsel under Section 81.083, Government Code,   as added by this Act.          (d)  The chief disciplinary counsel shall:                (1)  develop proposed changes to the disciplinary rules   regarding the time for conducting an investigation of a grievance   or issuing a subpoena related to an investigation or attempting a   settlement in an investigatory hearing under Section 81.082,   Government Code, as added by this Act;                (2)  propose rules necessary to implement the   settlement process described by Section 81.082, Government Code, as   added by this Act; and                (3)  propose rules to establish a grievance referral   program under the Texas Rules of Disciplinary Procedure, including   criteria for attorney participation and authorization for use of   the program at any point in the attorney disciplinary process.          (e)  The State Bar of Texas shall assist the Texas Supreme   Court on rule modifications to the Texas Rules of Disciplinary   Procedure that are necessary to address Section 81.072(e)(1),   Government Code, as amended by this Act, including:                (1)  types of grievances the chief disciplinary counsel   may refer to the voluntary mediation and dispute resolution   procedure and the criteria defining the grievance types;                (2)  modifications to the time for processing   grievances to accommodate voluntary mediation and dispute   resolution and the establishment of a limit on the time for   resolution through voluntary mediation and dispute resolution or   referral to the formal grievance process for further action; and                (3)  confidentiality rules to allow the chief   disciplinary counsel and client-attorney assistance program to   share appropriate information in a case referred for voluntary   mediation and dispute resolution.          (f)  The State Bar of Texas shall include on attorneys'   online profiles any historical information on public disciplinary   sanctions as is practicable under Section 81.115(b), Government   Code, as amended by this Act. A public disciplinary action issued   on or after the effective date of this Act must be included on the   attorney's online profile as required by Section 81.115(b),   Government Code, as amended by this Act.          SECTION 15.  (a)  Except as provided by Subsection (b) of   this section, Section 81.0201, Government Code, as amended by this   Act, applies to a member of the board of directors of the State Bar   of Texas appointed before, on, or after the effective date of this   Act.          (b)  A member of the board of directors of the State Bar of   Texas who, before the effective date of this Act, completed the   training program required by Section 81.0201, Government Code, as   that law existed before the effective date of this Act, is required   to complete additional training only on subjects added by this Act   to the training program as required by Section 81.0201, Government   Code, as amended by this Act. A board member described by this   subsection may not vote, deliberate, or be counted as a member in   attendance at a meeting of the board held on or after December 1,   2017, until the member completes the additional training.          SECTION 16.  This Act takes effect September 1, 2017.