Texas Government Code
Sec. § 411.1005
Access to Criminal History Record Information: State Bar of Texas


(a)

The chief disciplinary 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)

licensed by the state bar;

(2)

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 (Barratry and Solicitation of Professional Employment), 38.122 (Falsely Holding Oneself out As a Lawyer), or 38.123 (Unauthorized Practice of Law), Penal Code;

(3)

a witness in any disciplinary action or proceeding conducted by the state bar, the Board of Disciplinary Appeals, or any court; or

(4)

an applicant for reinstatement to practice law.

(b)

Information received by the state bar is confidential and may be disseminated only:

(1)

in a disciplinary action or proceeding conducted by the state bar, the Board of Disciplinary Appeals, or any court; or

(2)

with the consent of the person who is the subject of the criminal history record information.

(c)

The state bar shall destroy criminal history record information obtained under this section promptly after a final determination is made in the matter for which the information was obtained.
Added by Acts 1997, 75th Leg., ch. 440, Sec. 1, eff. May 29, 1997. Renumbered from Sec. 411.135 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(39), eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 10.08, eff. June 19, 2009.
Acts 2017, 85th Leg., R.S., Ch. 531 (S.B. 302), Sec. 13, eff. September 1, 2017.
Source
Last accessed
Aug. 12, 2020