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House Bill 3515 |
House Author: Dunnam |
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Effective: Vetoed |
Senate Sponsor: Carona |
House Bill 3515 amends the Penal Code to create the Class C misdemeanor offense of failure to report barratry or solicitation of employment for a lawyer who, during the course of representation of a client, acquires knowledge that would reasonably cause a lawyer to believe that a person, other than a lawyer subject to the Texas Disciplinary Rules of Professional Conduct, while acting on behalf of a lawyer, has engaged in conduct that constitutes an offense of barratry or solicitation of professional employment and fails to report the knowledge to the State Bar of Texas later than the 45th business day after the lawyer acquires the knowledge.
Reason Given for Veto: 'House Bill No. 3515 would criminally punish a lawyer who had not committed barratry for the barratry committed by another person, and would, therefore, make a lawyer not engaged in criminal conduct subject to criminal penalties because of the criminal conduct of others. House Bill No. 3515 would also require lawyers to report to the State Bar of Texas persons who are not subject to the State Bar’s jurisdiction. Stopping barratry is good public policy for Texas, but House Bill No. 3515 would be an ineffective means of combating this offense.'