S.B. No. 1227
15-1 COMMITTEE AMENDMENT NO. 1
15-2 Amend S.B. No. 1227 as follows:
15-3 (1) Strike, in Section 1 of the bill, in Section 38.01(12),
15-4 Penal Code, the subdivision defining "Solicit employment" and
15-5 substitute a new subdivision to read as follows:
15-6 (12) <(11)> "Solicit employment" means to communicate in
15-7 person or by telephone or written communication with a prospective
15-8 client <claimant> or <defendant or with> a member of the
15-9 prospective client's <claimant's or defendant's> family concerning
15-10 a legal matter arising out of a particular occurrence or event, or
15-11 series of occurrences or events, or concerning an existing legal
15-12 problem of the prospective client, for the purpose of providing
15-13 legal representation to the prospective client, when neither the
15-14 person receiving the communication nor anyone acting on that
15-15 person's behalf has requested the communication. The term does not
15-16 include a communication initiated <communicating> by a family
15-17 member of the person receiving a communication, a communication
15-18 <communicating> by an attorney who has a prior or existing
15-19 attorney-client relationship with the person receiving the
15-20 communication, or communication by an attorney for <communicating
15-21 with> a qualified nonprofit organization with the organization's
15-22 members for the purpose of educating the organization's members to
15-23 understand the law, <laymen> to recognize legal problems, to make
15-24 intelligent selection of legal counsel, or to use available legal
15-25 services. The term does not include an advertisement by an
15-26 attorney through public media.
15-27 (2) In Section 2 of S.B. No. 1227, Section 38.12(d)(2)(A),
16-1 Penal Code, after the word "occurred", add "unless the person
16-2 involved in a vehicular accident designates a desire to be
16-3 contacted on the form promulgated under Subsection (a), Section 45,
16-4 Article 6701d (V.T.C.S.)".
16-5 (3) In Section 3 of S.B. No. 1227, Section 45(a), on Page
16-6 10, at Line 10, after "accident", delete the word "desires", and
16-7 insert before "to be contacted", the following: "does or does not
16-8 desire".
16-9 (4) Insert new Section 7 of S.B. No. 1227, to read as
16-10 follows:
16-11 "Section 7. (a) Not later than June 1, 1994, the State Bar
16-12 of Texas shall adopt rules governing lawyer advertising; and
16-13 written solicitations to prospective clients.
16-14 (b) A rule adopted under this Section shall not conflict
16-15 with any other law."
16-16 (5) Renumber current Sections 7, 8, and 9, accordingly.
16-17 De La Garza