By:  Wolens                                            H.B. No. 214
       73R1921 RJA-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the offense of and punishment for barratry.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 38.12, Penal Code, is amended to read as
    1-5  follows:
    1-6        Sec. 38.12.  Barratry.  (a)  A person commits an offense if,
    1-7  with intent to obtain an economic benefit for himself,  he:
    1-8              (1)  institutes any suit or claim in which he knows he
    1-9  has no interest;
   1-10              (2)  institutes any suit or claim that he knows is
   1-11  false;
   1-12              (3)  either in person or by telephone solicits
   1-13  employment for himself or another to prosecute or defend a suit or
   1-14  to collect a claim; <or>
   1-15              (4)  procures another to solicit for him or another
   1-16  employment to prosecute or defend a suit or to collect a claim; or
   1-17              (5)  pays or gives another money or anything of value
   1-18  for providing him or another person with employment to prosecute or
   1-19  defend a suit or to collect a claim.
   1-20        (b)  A person commits an offense if he:
   1-21              (1)  knowingly:
   1-22                    (A)  expends funds the person knows or believes
   1-23  are derived from the commission of an offense under Subsection (a)
   1-24  of this section; or
    2-1                    (B)  finances or invests funds the person knows
    2-2  or believes are intended to further the commission of an offense
    2-3  under Subsection (a) of this section; or
    2-4              (2)  negligently:
    2-5                    (A)  expends funds the person in the exercise of
    2-6  reasonable care should know or should believe are derived from the
    2-7  commission of an offense under Subsection (a) of this section; or
    2-8                    (B)  finances or invests funds the person in the
    2-9  exercise of reasonable care should know or should believe are
   2-10  intended to further the commission of an offense under Subsection
   2-11  (a) of this section.
   2-12        (c)  Intent to obtain an economic benefit is presumed if the
   2-13  person accepts employment for a fee, accepts a fee, or accepts or
   2-14  agrees to accept money or any economic benefit.
   2-15        (d) <(c)>  Except as provided by Subsections (e), (f), and
   2-16  (g) <Subsection (d)> of this section, an offense under <Subsection
   2-17  (a) of> this section is a Class A misdemeanor.
   2-18        (e) <(d)>  An offense under Subsection (a)(3), <or> (a)(4),
   2-19  or (a)(5) of this section is a felony of the third degree if it is
   2-20  shown on the trial of the offense that:
   2-21              (1)  the defendant has previously been convicted under
   2-22  Subsection (a)(3), <or> (a)(4), or (a)(5) of this section; or <and>
   2-23              (2)  the solicitation, payment, or giving occurs or is
   2-24  performed in whole or in part:
   2-25                    (A)  in a hospital, funeral establishment, or
   2-26  public or private cemetery or at the scene of an accident or
   2-27  injury;
    3-1                    (B)  by using a person who is an employee of:
    3-2                          (i)  this state;
    3-3                          (ii)  a political subdivision of this
    3-4  state, including a county, municipality, or special purpose
    3-5  district or authority; or
    3-6                          (iii)  a hospital or funeral establishment;
    3-7  or
    3-8                    (C)  by impersonating a clergyman, public
    3-9  employee, peace officer, or emergency assistance worker or
   3-10  volunteer.
   3-11        (f)  An offense under Subsection (b) of this section is a
   3-12  felony of the third degree if it is shown on the trial of the
   3-13  offense that the defendant has previously been convicted under
   3-14  Subsection (b) of this section.
   3-15        (g)  An offense under Subsection (b)(1) of this section is a
   3-16  felony of the third degree if it is shown on the trial of the
   3-17  offense that:
   3-18              (1)  the underlying offense under Subsection (a) of
   3-19  this section is described by Subsection (a)(3), (a)(4), or (a)(5);
   3-20  and
   3-21              (2)  the solicitation, payment, or giving occurs or is
   3-22  performed in whole or in part:
   3-23                    (A)  in a hospital, funeral establishment, or
   3-24  public or private cemetery or at the scene of an accident or
   3-25  injury;
   3-26                    (B)  by using a person who is an employee of:
   3-27                          (i)  this state;
    4-1                          (ii)  a political subdivision of this
    4-2  state, including a county, municipality, or special purpose
    4-3  district or authority; or
    4-4                          (iii)  a hospital or funeral establishment;
    4-5  or
    4-6                    (C)  by impersonating a clergyman, public
    4-7  employee, peace officer, or emergency assistance worker or
    4-8  volunteer.
    4-9        (h) <(e)>  Final conviction of felony barratry is a serious
   4-10  crime for all purposes and acts, specifically including the State
   4-11  Bar Rules and the Texas Rules of Disciplinary Procedure.
   4-12        SECTION 2.  Article 42.12, Code of Criminal Procedure, is
   4-13  amended by adding Section 13A to read as follows:
   4-14        Sec. 13A.  BARRATRY PROBATION.  A court granting probation to
   4-15  a defendant convicted of an offense under Section 38.12, Penal
   4-16  Code, shall require as a condition of probation that the defendant
   4-17  submit to detention in a county jail for a period of:
   4-18              (1)  not less than 24 hours or more than 30 days, if
   4-19  the defendant is convicted of a misdemeanor; or
   4-20              (2)  not less than 10 days or more than 180 days, if
   4-21  the defendant is convicted of a felony.
   4-22        SECTION 3.  (a)  The change in law made by this Act applies
   4-23  only to an offense committed on or after the effective date of this
   4-24  Act.  For purposes of this section, an offense is committed before
   4-25  the effective date of this Act if any element of the offense occurs
   4-26  before that date.
   4-27        (b)  An offense committed before the effective date of this
    5-1  Act is covered by the law in effect when the offense was committed,
    5-2  and the former law is continued in effect for this purpose.
    5-3        SECTION 4.  This Act takes effect September 1, 1993.
    5-4        SECTION 5.  The importance of this legislation and the
    5-5  crowded condition of the calendars in both houses create an
    5-6  emergency   and   an   imperative   public   necessity   that   the
    5-7  constitutional rule requiring bills to be read on three several
    5-8  days in each house be suspended, and this rule is hereby suspended.