The Committee shall initiate the rule proposal process based upon a proper request. Pursuant to Government Code Section 81.0875(c), a request to initiate the process for proposing a disciplinary rule may be made by: (1) a resolution of the State Bar Board of Directors; (2) a request of the Supreme Court; (3) a request of the Commission for Lawyer Discipline; (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.
Within 60 days of receiving a request to initiate the rule proposal process, the Committee will notify the requestor and determine whether to initiate or decline to initiate the rule proposal process. If the Committee declines to initiate the rule proposal process, the Committee must issue a written decision as to its reason for declining and notify the requestor.
During the rule proposal process, the Committee shall: (1) study the issue to be addressed by a proposed rule; (2) draft a rule, which can only address one subject; (3) publish the rule and solicit comments statewide from the public and members of the State Bar of Texas; (4) hold a public hearing on a proposed rule at the Committee’s discretion or when requested under Rule 3.02; (5) vote on a proposed rule; and (6) submit a recommended proposed rule to the State Bar of Texas Board of Directors.
To learn more, view a flowchart of the rule proposal process.
Click here to view the Committee Operating Rules and Procedures.
Click here to view the rule drafting guidelines.