By: Hunter, Todd H.B. No. 2235
73R1621 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to recovery of damages for an act of barratry.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Title 6, Civil Practice and Remedies Code, is
1-5 amended by adding Chapter 144 to read as follows:
1-6 CHAPTER 144. LIABILITY FOR ACT OF BARRATRY
1-7 Sec. 144.001. DEFINITIONS. In this chapter:
1-8 (1) "Barratry" means any act described as an offense
1-9 under Section 38.12, Penal Code.
1-10 (2) "Claimant" means a party, including a plaintiff,
1-11 counterclaimant, cross-claimant, or third party claimant, seeking
1-12 recovery of damages for an act of barratry under this chapter.
1-13 Sec. 144.002. LIABILITY. (a) A person who has sustained
1-14 damages as the result of an act of barratry may bring an action to
1-15 recover damages resulting from the act.
1-16 (b) Damages in an action brought under this section may
1-17 include recovery for:
1-18 (1) emotional distress, mental anguish, and physical
1-19 pain; and
1-20 (2) loss of earning capacity.
1-21 Sec. 144.003. ATTORNEY'S FEES AND COSTS. The court shall
1-22 award reasonable attorney's fees and costs to a prevailing claimant
1-23 in an action brought under this chapter.
1-24 Sec. 144.004. CRIMINAL CONVICTION NOT REQUIRED. A person
2-1 may bring an action under this chapter regardless of whether a
2-2 criminal conviction under Section 38.12, Penal Code, has been
2-3 sought or obtained against the person who committed the act of
2-4 barratry.
2-5 SECTION 2. This Act applies only to a cause of action that
2-6 accrues on or after the effective date of this Act. An action that
2-7 accrued before the effective date of this Act is governed by the
2-8 law in effect at the time the action accrued, and that law is
2-9 continued in effect for that purpose.
2-10 SECTION 3. The importance of this legislation and the
2-11 crowded condition of the calendars in both houses create an
2-12 emergency and an imperative public necessity that the
2-13 constitutional rule requiring bills to be read on three several
2-14 days in each house be suspended, and this rule is hereby suspended,
2-15 and that this Act take effect and be in force from and after its
2-16 passage, and it is so enacted.