By Wolens                                             H.B. No. 2506
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the offense of and punishment for barratry and to
    1-3  certain solicitations regarding professional employment.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 38.12, Penal Code, is amended to read as
    1-6  follows:
    1-7        Sec. 38.12.  Barratry.  (a)  A person commits an offense if,
    1-8  with intent to obtain an economic benefit for himself,  he:
    1-9              (1)  institutes any suit or claim in which he knows he
   1-10  has no interest;
   1-11              (2)  institutes any suit or claim that he knows is
   1-12  false;
   1-13              (3)  either in person or by telephone solicits
   1-14  employment for himself or another to prosecute or defend a suit or
   1-15  to collect a claim; <or>
   1-16              (4)  procures another to solicit for him or another
   1-17  employment to prosecute or defend a suit or to collect a claim; or
   1-18              (5)  pays or gives another money or anything of value
   1-19  for providing him or another person with employment to prosecute or
   1-20  defend a suit or to collect a claim.
   1-21        (b)  A person commits an offense if he:
   1-22              (1)  knowingly:
   1-23                    (A)  expends funds the person knows or believes
   1-24  are derived from the commission of an offense under Subsection (a)
    2-1  of this section; or
    2-2                    (B)  finances or invests funds the person knows
    2-3  or believes are intended to further the commission of an offense
    2-4  under Subsection (a) of this section; or
    2-5              (2)  negligently:
    2-6                    (A)  expends funds the person in the exercise of
    2-7  reasonable care should know or should believe are derived from the
    2-8  commission of an offense under Subsection (a) of this section; or
    2-9                    (B)  finances or invests funds the person in the
   2-10  exercise of reasonable care should know or should believe are
   2-11  intended to further the commission of an offense under Subsection
   2-12  (a) of this section.
   2-13        (c)  Intent to obtain an economic benefit is presumed if the
   2-14  person accepts employment for a fee, accepts a fee, enters into a
   2-15  contingent fee contract, or accepts or agrees to accept money or
   2-16  any economic benefit.
   2-17        (d)  A person commits an offense if the person, with the
   2-18  intent to obtain professional employment for himself or another,
   2-19  sends, or knowingly permits to be sent, a written communication
   2-20  regarding employment to an individual who has not sought the
   2-21  person's advice if:
   2-22              (1)  the communication concerns an action for personal
   2-23  injury or wrongful death or otherwise relates to an accident or
   2-24  disaster involving the person to whom the communication is
   2-25  addressed or a relative of that person, and the date of the mailing
   2-26  of the communication was before the 46th day after the accident or
   2-27  disaster occurred;
    3-1              (2)  the written communication concerns a specific
    3-2  matter and the lawyer or others acting as, for, or on behalf of a
    3-3  lawyer or as a broker of legal services or other professionals
    3-4  knows or reasonably should have known that the person to whom the
    3-5  communication is directed is represented by a lawyer in the matter;
    3-6              (3)  the communication concerns an arrest of the person
    3-7  to whom the communication is addressed or a relative of that
    3-8  person, and the date of the mailing of the communication was before
    3-9  the 46th day after the date the arrest of that person occurred;
   3-10              (4)  the communication concerns a lawsuit of any kind,
   3-11  including an action for divorce, in which the person to whom the
   3-12  communication is addressed is a defendant or a relative of that
   3-13  person, unless the lawsuit in which the person is named as a
   3-14  defendant has been on file for more than 45 days before the date of
   3-15  the mailing of the communication;
   3-16              (5)  the person knows or reasonably should have known
   3-17  that the injured person or relative of the injured person has
   3-18  indicated a desire not to be contacted by or receive communications
   3-19  concerning professional employment;
   3-20              (6)  the communication involves coercion, duress,
   3-21  fraud, overreaching, harassment, intimidation, or undue influence;
   3-22              (7)  the communication contains a false, fraudulent,
   3-23  misleading, deceptive, or unfair statement or claim; or
   3-24              (8)  the person knows or reasonably should know that
   3-25  the physical, emotional, or mental state of the individual makes it
   3-26  unlikely that the individual would exercise reasonable judgment
   3-27  concerning professional employment.
    4-1        (e)  For purposes of Subsection (d)(5) of this section, a
    4-2  desire not to be contacted is presumed if an accident report
    4-3  reflects that such an indication has been made by the injured
    4-4  person or relative.
    4-5        (f)  An offense under Subsection (a) or (b)(1) of this
    4-6  section is a felony of the third degree.
    4-7        (g) <(c)>  Except as provided by Subsection (h) <(d)> of this
    4-8  section, an offense under Subsection (b)(2) or (d) <(a)> of this
    4-9  section is a Class A misdemeanor.
   4-10        (h) <(d)>  An offense under Subsection (b)(2) <(a)(3)> or (d)
   4-11  <(a)(4)> of this section is a felony of the third degree if it is
   4-12  shown on the trial of the offense that<:>
   4-13              <(1)>  the defendant has previously been convicted
   4-14  under Subsection (b)(2) <(a)(3)> or (d) <(a)(4)> of this section<;
   4-15  and>
   4-16              <(2)  the solicitation is performed in whole or in
   4-17  part:>
   4-18                    <(A)  in a hospital, funeral establishment, or
   4-19  public or private cemetery or at the scene of an accident;>
   4-20                    <(B)  by using a person who is an employee of:>
   4-21                          <(i)  this state;>
   4-22                          <(ii)  a political subdivision of this
   4-23  state, including a county, municipality, or special purpose
   4-24  district or authority; or>
   4-25                          <(iii)  a hospital or funeral
   4-26  establishment; or>
   4-27                    <(C)  by impersonating a clergyman, public
    5-1  employee, or emergency assistance worker or volunteer>.
    5-2        (i) <(e)>  Final conviction of felony barratry is a serious
    5-3  crime for all purposes and acts, specifically including the State
    5-4  Bar Rules and the Texas Rules of Disciplinary Procedure.
    5-5        SECTION 2.  Article 42.12, Code of Criminal Procedure, is
    5-6  amended by adding Section 13A to read as follows:
    5-7        Sec. 13A.  BARRATRY PROBATION.  A court granting probation to
    5-8  a defendant convicted of an offense under Section 38.12, Penal
    5-9  Code, shall require as a condition of probation that the defendant
   5-10  submit to detention in a county jail for a period of:
   5-11              (1)  not less than 24 hours or more than 30 days, if
   5-12  the defendant is convicted of a misdemeanor; or
   5-13              (2)  not less than 10 days or more than 180 days, if
   5-14  the defendant is convicted of a felony.
   5-15        SECTION 3.  Section 45(a), Uniform Act Regulating Traffic on
   5-16  Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
   5-17  to read as follows:
   5-18        (a)  The department shall prepare and upon request supply to
   5-19  police departments, coroners, sheriffs, garages, and other suitable
   5-20  agencies or individuals, forms for accident reports required
   5-21  hereunder, appropriate with respect to the persons required to make
   5-22  such reports and the purposes to be served.  The written reports to
   5-23  be made by person involved in accidents and by investigating
   5-24  officers shall call for sufficiently detailed information to
   5-25  disclose with reference to a traffic accident the cause, conditions
   5-26  then existing, and the persons and vehicle involved.  Also, the
   5-27  forms for the written reports shall include a means for designating
    6-1  and identifying peace officers, fire fighters, and emergency
    6-2  medical services employees who during an emergency are involved in
    6-3  accidents while driving law enforcement vehicles, fire department
    6-4  vehicles, or emergency medical services vehicles in pursuit of
    6-5  their duties.  The forms shall also contain a statement by the
    6-6  peace officers, fire fighters, and emergency medical services
    6-7  employees describing the nature of the emergency.  The forms must
    6-8  include a means of designating whether an individual involved in an
    6-9  accident desires to be contacted by persons seeking to obtain
   6-10  professional employment.  An individual's response as to whether
   6-11  the individual desires to be contacted is not admissible evidence
   6-12  in a civil trial.
   6-13        SECTION 4.  Chapter 81, Government Code, is amended by adding
   6-14  Subchapter I to read as follows:
   6-15         SUBCHAPTER I.  INFORMATION CONCERNING LAWYER SERVICES
   6-16        Sec. 81.201.  COMMUNICATIONS CONCERNING LAWYER SERVICES.  (a)
   6-17  A lawyer may not make or permit to be made a false, misleading,
   6-18  deceptive, or unfair communication about the lawyer or the lawyer's
   6-19  services.  A communication violates this section if it:
   6-20              (1)  contains a material misrepresentation of fact or
   6-21  law or omits a fact necessary to make the statement considered as a
   6-22  whole not materially misleading;
   6-23              (2)  is likely to create an unjustified expectation
   6-24  about results the lawyer can achieve or states or implies that the
   6-25  lawyer can achieve results by means that violate this subchapter,
   6-26  the Texas Disciplinary Rules of Professional Conduct, or other law;
   6-27              (3)  compares the lawyer's services with other lawyers'
    7-1  services, unless the comparison can be factually substantiated;
    7-2              (4)  states or implies that the lawyer is able to
    7-3  influence improperly or upon irrelevant grounds any tribunal,
    7-4  legislative body, or public official; or
    7-5              (5)  contains a testimonial.
    7-6        (b)  Any statement about fees must include the amount of the
    7-7  fee, whether contingent or otherwise, and must state whether the
    7-8  client may be obligated for all or some portion of the cost
    7-9  involved.
   7-10        Sec. 81.202.  ADVERTISING.  (a)  A lawyer may, not
   7-11  inconsistent with this subchapter, advertise services through
   7-12  public media, such as a telephone directory, legal directory,
   7-13  newspaper or other periodical, billboards and other signs, radio,
   7-14  television, and recorded messages the public may access by dialing
   7-15  a telephone number, or through written communication not involving
   7-16  solicitation as prohibited by Section 81.204.  This subsection does
   7-17  not apply to any advertisement broadcast or disseminated in another
   7-18  jurisdiction in which the advertising lawyer is admitted if the
   7-19  advertisement complies with the rules governing lawyer advertising
   7-20  in that jurisdiction and is not intended for broadcast or
   7-21  dissemination in this state.
   7-22        (b)  Advertisements on the electronic media such as
   7-23  television and radio may contain the same factual information and
   7-24  illustrations as permitted in advertisements in the print media.
   7-25  The information must be articulated by a single voice, with no
   7-26  background sounds of sirens, crashing vehicles, or explosions.  If
   7-27  music is used as background for an advertisement, it must be
    8-1  instrumental music.  The voice may be that of a full-time employee
    8-2  of the firm whose services are advertised; it may not be that of a
    8-3  celebrity whose voice is recognizable to the public.  The lawyer or
    8-4  full-time employee of the firm whose services are being advertised
    8-5  may appear on screen or on radio.
    8-6        (c)  All advertisements and written communications authorized
    8-7  by this subchapter must include the name of at least one lawyer or
    8-8  the lawyer referral service responsible for the content of the
    8-9  advertisement.
   8-10        (d)  Except as provided by this subsection, all
   8-11  advertisements must contain the following disclosure:  "The hiring
   8-12  of a lawyer is an important decision that should not be based
   8-13  solely on advertisements.  Before you decide, ask us to send you
   8-14  free written information about our qualifications and experience."
   8-15  This disclosure need not appear in electronic advertisements or
   8-16  advertisements in the public print media that do not contain
   8-17  illustrations or information other than that listed in Subsections
   8-18  (o)(1)-(9).
   8-19        (e)  A dramatization or testimonial may not be included in
   8-20  any advertisement in any media.
   8-21        (f)  An illustration used in advertisements must present
   8-22  information that may be factually substantiated and is not merely
   8-23  self-laudatory.
   8-24        (g)  An advertisement or written communication that indicates
   8-25  one or more areas of law in which the lawyer or law firm practices
   8-26  must conform to Section 81.206.
   8-27        (h)  An advertisement or written communication that contains
    9-1  information about the lawyer's fee, including those that indicate
    9-2  that no fee will be charged in the absence of a recovery, must
    9-3  disclose whether the client will be liable for any expenses in
    9-4  addition to the fee.  An advertisement or written communication
    9-5  that indicates that the charging of a fee is contingent on outcome
    9-6  or that the fee will be a percentage of the recovery must disclose:
    9-7              (1)  that the client will be liable for expenses
    9-8  regardless of outcome, if the lawyer intends to hold the client
    9-9  liable; and
   9-10              (2)  whether the percentage fee will be computed before
   9-11  expenses are deducted from the recovery, if the lawyer intends to
   9-12  compute the percentage fee before deducting the expenses.
   9-13        (i)  Except as provided by Subsection (j), a lawyer who
   9-14  advertises a specific fee or range of fees for a particular service
   9-15  shall honor the advertised fee or range of fees for at least 90
   9-16  days unless the advertisement specifies a shorter period.
   9-17        (j)  For advertisements in the yellow pages of telephone
   9-18  directories or other media not published more frequently than
   9-19  annually, a lawyer shall honor the advertised fee or range of fees
   9-20  for at least one year after publication.
   9-21        (k)  A lawyer may not make a statement that is merely
   9-22  self-laudatory or a statement that describes or characterizes the
   9-23  quality of the lawyer's services in an advertisement or written
   9-24  communication.  This subsection does not apply to information
   9-25  furnished to a prospective client at that person's request or to
   9-26  information supplied to an existing client.
   9-27        (l)  A lawyer may not advertise services under a name that
   10-1  violates Section 81.207.
   10-2        (m)  An advertisement or written communication must disclose
   10-3  the geographic location, by city or town, of the office in which
   10-4  the lawyer or lawyers who will actually perform the services
   10-5  advertised principally practice law.  If the office location is
   10-6  outside a city or town, the county in which the office is located
   10-7  must be disclosed.
   10-8        (n)  A lawyer may not, directly or indirectly, pay all or a
   10-9  part of the cost of an advertisement by a lawyer not in the same
  10-10  firm unless the advertisement discloses the name and address of the
  10-11  nonadvertising lawyer, the relationship between the advertising
  10-12  lawyer and the nonadvertising lawyer, and whether the advertising
  10-13  lawyer may refer any case received through the advertisement to the
  10-14  nonadvertising lawyer.
  10-15        (o)  The following information in an advertisement or written
  10-16  communication is presumed not to violate Section 81.201:
  10-17              (1)  subject to this section and Section 81.207, the
  10-18  name of the lawyer or law firm, a listing of lawyers associated
  10-19  with the firm, office addresses and telephone numbers, office and
  10-20  telephone service hours, and a designation such as "attorney" or
  10-21  "law firm";
  10-22              (2)  the date of admission to the state bar and any
  10-23  other bars and a listing of federal courts and jurisdictions other
  10-24  than Texas in which the lawyer is licensed to practice;
  10-25              (3)  any technical and professional licenses granted by
  10-26  this state or other recognized licensing authorities;
  10-27              (4)  any foreign language ability;
   11-1              (5)  the fields of law in which the lawyer is certified
   11-2  or designated, subject to the requirements of Section 81.206;
   11-3              (6)  any prepaid or group legal service plans in which
   11-4  the lawyer participates;
   11-5              (7)  the acceptance of credit cards;
   11-6              (8)  subject to Subsections (h), (i), and (j), the fee
   11-7  for initial consultation and fee schedule; and
   11-8              (9)  a listing of the name and geographic location of a
   11-9  lawyer or law firm as a sponsor of a public service announcement or
  11-10  charitable, civic, or community program or event.
  11-11        (p)  This section does not prohibit a lawyer or law firm from
  11-12  permitting the inclusion in law lists and law directories intended
  11-13  primarily for the use of the legal profession of information that
  11-14  traditionally has been included in these publications.
  11-15        (q)  A copy or recording of an advertisement or written or
  11-16  recorded communication shall be submitted to the standing committee
  11-17  on lawyer advertising as provided by Section 81.205 and the lawyer
  11-18  shall retain a copy or recording for four years after its last
  11-19  dissemination along with a record of when and where it was used.
  11-20        (r)  A lawyer may not give or promise to give anything of
  11-21  value to a lay person for referring a client or potential client to
  11-22  any lawyer or law firm.  However, a lawyer may pay reasonable fees
  11-23  for advertising and public relation services rendered in accordance
  11-24  with this section and may pay usual charges and otherwise cooperate
  11-25  with organizations that refer clients if the organization does not
  11-26  profit from the rendition of legal services by the lawyer.
  11-27        Sec. 81.203.  LEGAL SERVICE INFORMATION.  (a)  A lawyer or
   12-1  law firm that advertises the lawyer's or law firm's availability to
   12-2  provide legal services shall have available in written form for
   12-3  delivery to any potential client:
   12-4              (1)  a factual statement detailing the background,
   12-5  training, and experience of each lawyer or law firm;
   12-6              (2)  if the lawyer or law firm claims special expertise
   12-7  in the representation of clients in special matters or publicly
   12-8  limits the lawyer's or law firm's practice to special types of
   12-9  cases or clients, the written information must set forth the
  12-10  factual details of the lawyer's experience, expertise, background,
  12-11  and training in those matters.
  12-12        (b)  A lawyer or law firm that advertises services by written
  12-13  communication not involving solicitation as provided in Section
  12-14  81.204 shall enclose with each written communication the
  12-15  information described in Subsection (a).
  12-16        (c)  If a potential client requests information regarding a
  12-17  lawyer or law firm for the purpose of making a decision regarding
  12-18  employment of the lawyer or law firm:
  12-19              (1)  the lawyer or law firm shall promptly furnish, by
  12-20  mail if requested, the written information described in Subsection
  12-21  (a);
  12-22              (2)  the lawyer or law firm may furnish additional
  12-23  factual information regarding the lawyer or law firm the lawyer or
  12-24  law firm considers valuable to assist the client; and
  12-25              (3)  if the information furnished to the client
  12-26  includes a fee contract, the top of each page of the contract shall
  12-27  be marked "SAMPLE" in red ink in a type size one size larger than
   13-1  the largest type used in the contract and the words "DO NOT SIGN"
   13-2  must appear on the client signature line.
   13-3        (d)  The lawyer or law firm shall keep a copy of all
   13-4  information furnished to clients as required by this section for at
   13-5  least four years after the last regular use of the information.
   13-6        (e)  If the lawyer or law firm advertises its services as
   13-7  provided by Section 81.202, the advertisement must contain the
   13-8  information set forth in Section 81.202(a) unless exempt by the
   13-9  terms of that rule.  This disclosure is not necessary in written
  13-10  communications covered by Section 81.204, which must be accompanied
  13-11  by a copy of the statement of qualifications and experience
  13-12  described in Subsection (a).
  13-13        (f)  A factual statement contained in any advertisement or
  13-14  written communication or any information furnished to a prospective
  13-15  client under this rule may not:
  13-16              (1)  be directly or impliedly false or misleading;
  13-17              (2)  be potentially false or misleading;
  13-18              (3)  fail to disclose material information necessary to
  13-19  prevent the information supplied from being actually or potentially
  13-20  false or misleading;
  13-21              (4)  be unsubstantiated in fact; or
  13-22              (5)  be unfair or deceptive.
  13-23        (g)  On reasonable request by the state bar, a lawyer shall
  13-24  promptly provide proof that any statement or claim made in any
  13-25  advertisement or written communication and the information
  13-26  furnished to a prospective client as  authorized or required by
  13-27  this section complies with Subsection (f).
   14-1        (h)  A statement and any information furnished to a
   14-2  prospective client as authorized by Subsection (a) that a lawyer or
   14-3  law firm will represent a client in a particular type of matter,
   14-4  without appropriate qualification, is presumed to be misleading if
   14-5  the lawyer reasonably believes that a lawyer or law firm not
   14-6  associated with the originally retained lawyer or law firm will be
   14-7  associated or act as primary counsel in representing the client.
   14-8  In determining whether the statement is misleading in this respect,
   14-9  the history of prior conduct by the lawyer in similar matters may
  14-10  be considered.
  14-11        Sec. 81.204.  DIRECT CONTACT WITH PROSPECTIVE CLIENTS.
  14-12  (a)  A lawyer may not solicit professional employment from a
  14-13  prospective client except with those to whom the lawyer is related
  14-14  by blood or marriage or whom the lawyer personally represents.  A
  14-15  lawyer may not permit an employee or agent of the lawyer to solicit
  14-16  in the lawyer's behalf.  A lawyer may not enter into an agreement
  14-17  for, charge for, or collect a fee for professional employment
  14-18  obtained in violation of this section.  The term "solicit" includes
  14-19  contact in person, by telephone, telegraph, or facsimile, or by
  14-20  other communication directed to a specific recipient and includes
  14-21  any written form of communication directed to a specific recipient
  14-22  that does not meet the requirements of Subsection (b).
  14-23        (b)  A lawyer may not send or knowingly permit to be sent on
  14-24  behalf of the lawyer, the lawyer's firm, partner, or associate, or
  14-25  any other lawyer affiliated with the lawyer or the lawyer's firm, a
  14-26  written communication to a prospective client for the purpose of
  14-27  obtaining professional employment if:
   15-1              (1)  the communication concerns an action for personal
   15-2  injury or wrongful death or otherwise relates to an accident or
   15-3  disaster involving the person to whom the communication is
   15-4  addressed or a relative of that person, unless the accident or
   15-5  disaster occurred more than 45 days before the mailing of the
   15-6  communication;
   15-7              (2)  the written communication concerns a specific
   15-8  matter and the lawyer or others acting as, for, or on behalf of a
   15-9  lawyer or as a broker of legal services or other professionals
  15-10  knows or reasonably should have known that the person to whom the
  15-11  communication is directed is represented by a lawyer in the matter;
  15-12              (3)  the communication concerns an arrest of the person
  15-13  to whom the communication is addressed or a relative of that
  15-14  person, unless the arrest of that person occurred more than 45 days
  15-15  before the mailing of the communication;
  15-16              (4)  the communication concerns a lawsuit of any kind,
  15-17  including an action for divorce, in which the person to whom the
  15-18  communication is addressed is a defendant or a relative of that
  15-19  person, unless the lawsuit in which the person is named as a
  15-20  defendant has been on file for more than 45 days before the mailing
  15-21  of the communication;
  15-22              (5)  the person knows or reasonably should have known
  15-23  that the injured person or relative of the injured person has
  15-24  indicated a desire not to be contacted by or receive communications
  15-25  concerning professional employment;
  15-26              (6)  the communication involves coercion, duress,
  15-27  fraud, overreaching, harassment, intimidation, or undue influence;
   16-1              (7)  the communication contains a false, fraudulent,
   16-2  misleading, deceptive, or unfair statement or claim; or
   16-3              (8)  the lawyer knows or reasonably should know that
   16-4  the physical, emotional, or mental state of the person makes it
   16-5  unlikely that the person would exercise reasonable judgment in
   16-6  employing a lawyer.
   16-7        (c)  Written communications to prospective clients for the
   16-8  purpose of obtaining professional employment are subject to
   16-9  Subsections (d)-(o).
  16-10        (d)  Each page of the written communication shall be plainly
  16-11  marked "advertisement" in red ink, and the lower left corner of the
  16-12  face of the envelope containing a written communication must be
  16-13  marked with a prominent red advertisement mark.  If the written
  16-14  communication is in the form of a self-mailing brochure or
  16-15  pamphlet, the advertisement mark in red ink must appear on the
  16-16  address panel of the brochure or pamphlet.  A brochure solicited by
  16-17  a client or prospective client need not contain the advertisement
  16-18  mark.
  16-19        (e)  A copy of each written communication and a sample of the
  16-20  envelopes in which the communications are enclosed shall be filed
  16-21  with the standing committee on lawyer advertising either before or
  16-22  concurrently with the mailing of the communication to a prospective
  16-23  client, as provided by Section 81.205.  The lawyer shall retain a
  16-24  copy of each written communication for four years.
  16-25        (f)  If written communications identical in content are sent
  16-26  to two or more prospective clients, the lawyer may comply with
  16-27  Subsection (e) by filing a single copy with a list of the names and
   17-1  addresses of persons to whom the written communication was sent,
   17-2  and by retaining the information in the manner required by
   17-3  Subsection (e).  If the lawyer periodically sends the identical
   17-4  communication to additional prospective clients, lists of the
   17-5  additional names and addresses shall be filed with the committee at
   17-6  least monthly.
   17-7        (g)  A written communication mailed to a prospective client
   17-8  shall be sent only by regular United States mail, not by registered
   17-9  mail or other form of restricted delivery.
  17-10        (h)  A reference may not be made in the communication as to
  17-11  the communication having received any kind of approval from the
  17-12  state bar.
  17-13        (i)  Every written communication must be accompanied by a
  17-14  written statement of the lawyer or law firm's qualifications as
  17-15  required by Section 81.203.
  17-16        (j)  If a contract for representation is mailed with the
  17-17  written communication, the top of each page of the contract shall
  17-18  be marked "SAMPLE" in red ink in a type size one size larger than
  17-19  the largest type used in the contract and the words "DO NOT SIGN"
  17-20  must appear on the client signature line.
  17-21        (k)  The first sentence of any written communication
  17-22  concerning a specific matter shall be:  "If you have already
  17-23  retained a lawyer for this matter, please disregard this letter."
  17-24        (l)  A written communication shall be on letter-sized paper
  17-25  rather than legal-sized paper and may not be made to resemble legal
  17-26  pleadings or other legal documents.  This subsection does not
  17-27  prohibit the mailing of brochures and pamphlets.
   18-1        (m)  If a lawyer other than the lawyer whose name or
   18-2  signature appears on the communication will actually handle the
   18-3  case or matter, or if the case or matter will be referred to
   18-4  another lawyer or law firm, any written communication concerning a
   18-5  specific matter must include a statement advising the client of
   18-6  that fact.
   18-7        (n)  Any written communication prompted by a specific
   18-8  occurrence involving or affecting the intended recipient of the
   18-9  communication or a family member must disclose how the lawyer
  18-10  obtained the information prompting the communication.
  18-11        (o)  A written communication seeking employment by a specific
  18-12  prospective client in a specific matter may not reveal on the
  18-13  envelope, or on the outside of a self-mailing brochure or pamphlet,
  18-14  the nature of the client's legal problem.
  18-15        Sec. 81.205.  EVALUATION OF ADVERTISEMENT.  (a)  A lawyer may
  18-16  obtain an advisory opinion concerning the compliance of a
  18-17  contemplated advertisement or written communication with this
  18-18  subchapter in advance of disseminating the advertisement or
  18-19  communication by submitting the material and the fee required by
  18-20  Subsection (e) to the standing committee on lawyer advertising of
  18-21  the state bar not later than the 30th day before the date of
  18-22  dissemination.  If the committee finds that the advertisement
  18-23  complies with this subchapter, the lawyer's voluntary submission
  18-24  satisfies the filing requirement in Subsection (b).
  18-25        (b)  Except as provided by Subsection (c), any lawyer who
  18-26  advertises services through any public media or through written
  18-27  communication not involving solicitation as defined by Section
   19-1  81.204 shall file a copy of each advertisement with the standing
   19-2  committee on lawyer advertising for evaluation of compliance with
   19-3  these rules.  The copy shall be filed either before or concurrently
   19-4  with the lawyer's first dissemination of the advertisement or
   19-5  written communication and shall be accompanied by the information
   19-6  and fee required by Subsection (e).
   19-7        (c)  The following are exempt from the filing requirements of
   19-8  Subsection (b):
   19-9              (1)  any advertisement in any of the public media,
  19-10  including the yellow pages of telephone directories, that does not
  19-11  contain illustrations or information other than that authorized by
  19-12  Sections 81.202(o)(1)-(9);
  19-13              (2)  a brief announcement in any of the public media
  19-14  that identifies a lawyer or law firm as a contributor to a
  19-15  specified charity or as a sponsor of a specified charitable,
  19-16  community, or public interest program, activity, or event if the
  19-17  announcement does not contain information about the lawyer or law
  19-18  firm other than name, the city where the law offices are located,
  19-19  and the fact of the sponsorship or contribution;
  19-20              (3)  a listing or entry in a law list;
  19-21              (4)  a newsletter mailed only to existing clients or
  19-22  other lawyers; and
  19-23              (5)  professional announcement cards stating new or
  19-24  changed associations, new offices, and similar changes relating to
  19-25  a lawyer or law firm that are mailed only to other lawyers,
  19-26  relatives, close personal friends, and existing clients.
  19-27        (d)  The exemption in Subsection (c)(1) extends to a
   20-1  television advertisement only if the visual display featured in the
   20-2  advertisement is limited to the words spoken by the announcer.
   20-3        (e)  A filing with the committee as required by Subsection
   20-4  (b) or as permitted by Subsection (a) must consist of:
   20-5              (1)  a copy of the advertisement or communication in
   20-6  the form or forms in which it is to be disseminated, for example,
   20-7  videotapes, audiotapes, print media, or photographs of outdoor
   20-8  advertising;
   20-9              (2)  a transcript, if the advertisement or
  20-10  communication is on videotape or audiotape;
  20-11              (3)  a statement listing all media in which the
  20-12  advertisement or communication will appear, the anticipated
  20-13  frequency of use of the advertisement or communication in each
  20-14  medium in which it will appear, and the anticipated time period
  20-15  during which the advertisement or communication will be used; and
  20-16              (4)  a fee of $25 payable to the state bar.
  20-17        (f)  The fee required by Subsection (e)(4) may only be used
  20-18  for the purposes of evaluation and review of advertisements under
  20-19  this subchapter and for the purpose of enforcing this subchapter.
  20-20        (g)  The committee shall evaluate all advertisements and
  20-21  written communications filed with it pursuant to this rule for
  20-22  compliance with the applicable rules set forth in this subchapter.
  20-23  Except as otherwise provided by this subsection, the committee
  20-24  shall complete its evaluation not later than the 30th day after the
  20-25  date of receipt of a filing unless the committee determines that
  20-26  there is reasonable doubt that the advertisement or written
  20-27  communication complies with this subchapter and that further
   21-1  examination is warranted and cannot be completed within the 30-day
   21-2  period, and advises the lawyer within the 30-day period.  If the
   21-3  committee requires the further examination, the committee shall
   21-4  complete its review as promptly as the circumstances reasonably
   21-5  allow.  If the committee does not send any communication to the
   21-6  lawyer within the 30-day period, the advertisement is considered
   21-7  approved.
   21-8        (h)  If requested by the committee, the filing lawyer shall
   21-9  submit information to substantiate representations made or implied
  21-10  in the lawyer's advertisement or written communication.
  21-11        (i)  If the committee determines that an advertisement or
  21-12  written communication does not comply with this subchapter, the
  21-13  committee shall advise the lawyer that dissemination or continued
  21-14  dissemination of the advertisement or written communication may
  21-15  result in professional discipline.
  21-16        (j)  A finding by the committee of either compliance or
  21-17  noncompliance is binding in a grievance proceeding,  but may be
  21-18  offered as evidence.
  21-19        (k)  If a change of circumstances occurring subsequent to the
  21-20  committee's evaluation of an advertisement or written communication
  21-21  raises a substantial possibility that the advertisement or
  21-22  communication has become false or misleading as a result of the
  21-23  change in circumstances, the lawyer shall promptly refile the
  21-24  advertisement or a modified advertisement with the committee with
  21-25  an explanation of the change in circumstances and a fee of $20.
  21-26        Sec. 81.206.  COMMUNICATION OF FIELD OF PRACTICE.  (a)
  21-27  Except as provided by this section, a lawyer may not communicate
   22-1  the fact that the lawyer is a specialist.
   22-2        (b)  A lawyer admitted to engage in patent practice before
   22-3  the United States patent and trademark office may use the
   22-4  designation "patents," "patent attorney," "patent lawyer," or any
   22-5  combination of those terms.  A lawyer engaged in trademark practice
   22-6  may use the designation "trademark," "trademark attorney,"
   22-7  "trademark lawyer," or any combination of those terms.  A lawyer
   22-8  engaged in patent and trademark practice may hold himself out as
   22-9  specializing in "intellectual property law," "patents, trademarks,
  22-10  and related matters," or "patent, trademark, copyright law, and
  22-11  unfair competition," or a combination of those terms.
  22-12        (c)  A lawyer who has been awarded a certificate of special
  22-13  competence by the Texas Board of Legal Specialization in the area
  22-14  advertised shall state with respect to each area, "board certified
  22-15  (area of specialization)--Texas Board of Legal Specialization."
  22-16        (d)  A lawyer who has not been awarded a certificate of
  22-17  special competence by the Texas Board of Legal Specialization in
  22-18  the area advertised shall state with respect to each area, "not
  22-19  certified by the Texas Board of Legal Specialization."  If the area
  22-20  of law advertised has not been designated as an area in which a
  22-21  lawyer may be awarded a certificate of special competency by the
  22-22  Texas Board of Legal Specialization, the lawyer may also state, "no
  22-23  designation has been made by the Texas Board of Legal
  22-24  Specialization for a certificate of special competence in this
  22-25  area."
  22-26        (e)  The statements referred to in Subsections (b) and (c)
  22-27  shall be displayed conspicuously so as to be easily seen or
   23-1  understood by a consumer.
   23-2        Sec. 81.207.  FIRM NAMES AND LETTERHEADS.  (a)  A lawyer may
   23-3  not use a firm name, letterhead, or other professional designation
   23-4  that violates Section 81.201.
   23-5        (b)  A lawyer in private practice may not practice under a
   23-6  trade name, a name that is misleading as to the identity of the
   23-7  lawyer or lawyers practicing under the name, or a firm name
   23-8  containing names other than those of one or more of the lawyers in
   23-9  the firm, except that the names of a professional corporation or
  23-10  professional association may contain "P.C." or "P.A." or similar
  23-11  symbols indicating the nature of the organization.  If otherwise
  23-12  lawful a firm may use as or continue to include in its name the
  23-13  name or names of one or more deceased or retired members of the
  23-14  firm or of a predecessor firm in a continuing line of succession.
  23-15  This subsection does not prohibit a married woman from practicing
  23-16  under her maiden name.
  23-17        (c)  A lawyer may not advertise under a trade or fictitious
  23-18  name, except that a lawyer who actually practices under a trade
  23-19  name as authorized by Subsection (b) may use that name in an
  23-20  advertisement.  A lawyer who advertises under a trade or fictitious
  23-21  name violates this subsection unless the same name is the law firm
  23-22  name that appears on the lawyer's letterhead, business cards,
  23-23  office sign, fee contracts, and with the lawyer's signature on
  23-24  pleadings and other legal documents.
  23-25        (d)  A law firm with offices in more than one jurisdiction
  23-26  may use the same name in each jurisdiction, but identification of
  23-27  the lawyers in an office of the firm must indicate the
   24-1  jurisdictional limitations on those not licensed to practice in the
   24-2  jurisdiction in which the office is located.
   24-3        (e)  The name of a lawyer occupying a judicial, legislative,
   24-4  or public executive or administrative position may not be used in
   24-5  the name of a law firm, or in communication on its behalf, during
   24-6  any substantial period in which the lawyer is not actively and
   24-7  regularly practicing with the firm.
   24-8        (f)  A lawyer may not state or imply that the lawyer
   24-9  practices in a partnership or other organization unless the lawyer
  24-10  does practice in a partnership or other organization.
  24-11        SECTION 5.  (a)  The change in law made by Sections 1 and 2
  24-12  of this Act applies only to an offense committed on or after the
  24-13  effective date of this Act.  For purposes of this section, an
  24-14  offense is committed before the effective date of this Act if any
  24-15  element of the offense occurs before that date.
  24-16        (b)  An offense committed before the effective date of this
  24-17  Act is covered by the law in effect when the offense was committed,
  24-18  and the former law is continued in effect for this purpose.
  24-19        SECTION 6.  Subchapter I, Chapter 81, Government Code, as
  24-20  added by this Act, applies only to communications made on or after
  24-21  the effective date of this Act.
  24-22        SECTION 7.  This Act takes effect September 1, 1993.
  24-23        SECTION 8.  The importance of this legislation and the
  24-24  crowded condition of the calendars in both houses create an
  24-25  emergency   and   an   imperative   public   necessity   that   the
  24-26  constitutional rule requiring bills to be read on three several
  24-27  days in each house be suspended, and this rule is hereby suspended.