By: Henderson S.B. No. 1227 A BILL TO BE ENTITLED AN ACT 1-1 relating to the offenses of barratry, falsely holding oneself out 1-2 as a lawyer, and the unauthorized practice of law; providing 1-3 penalties. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter C, Chapter 415, Government Code, is 1-6 amended by adding Section 415.0581 to read as follows: 1-7 Sec. 415.0581. CONVICTION OF BARRATRY. (a) A person who 1-8 has been convicted of barratry pursuant to Section 38.12, Penal 1-9 Code, is disqualified to be an officer or county jailer. The 1-10 commission may not license such a person and shall on conviction 1-11 immediately revoke the license of a person previously licensed. 1-12 (b) For the purposes of this section, a person is convicted 1-13 of barratry if a court of competent jurisdiction enters an 1-14 adjudication of guilt against the person, regardless of whether: 1-15 (1) the sentence is subsequently probated and the 1-16 person is discharged from probation; 1-17 (2) the accusation, complaint, information, or 1-18 indictment is dismissed following probation; 1-19 (3) the person is pardoned for the offense, unless the 1-20 pardon is granted expressly for subsequent proof of innocence. 1-21 SECTION 2. Chapter 38, Penal Code, is amended by adding 1-22 Sections 38.122 and 38.123 to read as follows: 1-23 Sec. 38.122. FALSELY HOLDING ONESELF OUT AS A LAWYER. 2-1 (a) A person commits an offense if, with intent to obtain an 2-2 economic benefit for himself, the person holds himself out as a 2-3 lawyer, unless he is currently licensed to practice law in this 2-4 state, another state, or a foreign country and is in good standing 2-5 with the State Bar of Texas and the state bar or licensing 2-6 authority of any and all other states and foreign countries where 2-7 licensed. 2-8 (b) For the purposes of Subsection (a) of this section, 2-9 intent to obtain an economic benefit is presumed if the person 2-10 accepts employment for a fee, accepts a fee, enters into a 2-11 contingency fee contract, or accepts or agrees to accept money or 2-12 any other economic benefit. 2-13 (c) An offense under Subsection (a) of this section is a 2-14 felony of the third degree. 2-15 (d) Final conviction of falsely holding oneself out to be a 2-16 lawyer is a serious crime for all purposes and acts, specifically 2-17 including the State Bar Rules. 2-18 Sec. 38.123. UNAUTHORIZED PRACTICE OF LAW. (a) A person 2-19 commits an offense if, with intent to obtain an economic benefit 2-20 for himself, the person: 2-21 (1) contracts with any person to represent that person 2-22 with regard to personal causes of action for property damages or 2-23 personal injury; 2-24 (2) advises any person as to the person's rights and 2-25 the advisability of making claims for personal injuries or property 3-1 damages; 3-2 (3) advises any person as to whether or not to accept 3-3 an offered sum of money in settlement of claims for personal 3-4 injuries or property damages; 3-5 (4) enters into any contract with another person to 3-6 represent that person in personal injury or property damage matters 3-7 on a contingent fee basis with an attempted assignment of a portion 3-8 of the person's cause of action; or 3-9 (5) enters into any contract with a third person which 3-10 purports to grant the exclusive right to select and retain legal 3-11 counsel to represent the individual in any legal proceeding. 3-12 (b) For the purposes of Subsection (a) of this section, 3-13 intent to obtain an economic benefit is presumed if the person 3-14 accepts employment for a fee, accepts a fee, enters into a 3-15 contingent fee contract, or accepts or agrees to accept money or 3-16 any other economic benefit. 3-17 (c) This section does not apply to a person currently 3-18 licensed to practice law in this state, another state, or a foreign 3-19 country, and in good standing with the State Bar of Texas and the 3-20 state bar or licensing authority of any and all other states and 3-21 foreign countries where licensed. 3-22 (d) Except as provided by Subsection (e) of this section, an 3-23 offense under Subsection (a) of this section is a Class A 3-24 misdemeanor. 3-25 (e) An offense under Subsection (a) of this section is a 4-1 felony of the third degree if it is shown on the trial of the 4-2 offense that the defendant has previously been convicted under 4-3 Subsection (a) of this section. 4-4 SECTION 3. Section 215.034, Local Government Code, is 4-5 amended to read as follows: 4-6 Sec. 215.034. SUSPENSION OR REVOCATION OF OCCUPATION 4-7 LICENSE. (a) A judge of the municipal court, in addition to 4-8 imposing a fine, may institute proceedings to suspend or revoke the 4-9 license of a person if: 4-10 (1) the person is required, by law or by a municipal 4-11 ordinance adopted under a law, to obtain the license from the 4-12 municipality for an occupation, business, or avocation; and 4-13 (2) the judge finds the person guilty of violating a 4-14 municipal ordinance relating to the occupation, business, or 4-15 avocation or finds that the person has been convicted of barratry 4-16 under Section 38.12, Penal Code. 4-17 (b) For the purpose of this section, a person is convicted 4-18 of barratry if a court of competent jurisdiction enters an 4-19 adjudication of guilt against the person, regardless of whether: 4-20 (1) the sentence is subsequently probated and the 4-21 person is discharged from probation; 4-22 (2) the accusation, complaint, information, or 4-23 indictment is dismissed following probation; or 4-24 (3) the person is pardoned for the offense, unless the 4-25 pardon is granted expressly for subsequent proof of innocence. 5-1 SECTION 4. (a) The change in law made by this Act applies 5-2 only to an offense committed on or after the effective date of this 5-3 Act. For purposes of this section, an offense is committed before 5-4 the effective date of this Act if any element of the offense occurs 5-5 before the effective date. 5-6 (b) An offense committed before the effective date of this 5-7 Act is covered by the law in effect when the offense was committed, 5-8 and the former law is continued in effect for this purpose. 5-9 SECTION 5. This Act takes effect September 1, 1993. 5-10 SECTION 6. The importance of this legislation and the 5-11 crowded condition of the calendars in both houses create an 5-12 emergency and an imperative public necessity that the 5-13 constitutional rule requiring bills to be read on three several 5-14 days in each house be suspended, and this rule is hereby suspended.