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.