By:  Henderson                                        S.B. No. 1228
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the offense and punishment for barratry and to certain
    1-2  solicitations regarding professional employment.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 81.002, Government Code, is amended by
    1-5  adding Subdivisions (8), (9), (10), and (11) to read as follows:
    1-6              (8)  "Solicit" means to communicate with a claimant or
    1-7  defendant or with a member of the claimant's or defendant's family
    1-8  when neither the person receiving the communication nor anyone
    1-9  acting on that person's behalf has requested the communication.
   1-10  The term does not include communicating by a family member of the
   1-11  person receiving a communication, communicating by an attorney who
   1-12  has a prior attorney-client relationship with the person receiving
   1-13  the communication, or communications by an attorney of a nonprofit
   1-14  organization with the organization's members for the purpose of
   1-15  educating the members to recognize legal problems, to make
   1-16  intelligent selection of legal counsel, or to use available legal
   1-17  services.
   1-18              (9)  "Dramatization" means portrayal of an event
   1-19  including but not limited to vehicular crashes, accidents, victims'
   1-20  injuries, or legal success or scenes depicting or attempting to
   1-21  depict consumer problems through characterization and dialogue.
   1-22              (10)  "Testimonial" means a statement concerning a
   1-23  lawyer's qualifications, abilities, skills, successes, or ethics.
    2-1              (11)  "Committee" means the Standing Committee on
    2-2  Advertising.
    2-3              (12)  "Lawyer referral service" means an individual,
    2-4  firm, corporation, organization, or any other entity meeting the
    2-5  requirements of Article 320d, Revised Statutes.
    2-6        SECTION 2.  Chapter 81, Government Code, is amended by adding
    2-7  Subchapter I to read as follows:
    2-8             SUBCHAPTER I.  ADVERTISING OF LEGAL SERVICES
    2-9        Sec. 81.121.  COMMUNICATIONS CONCERNING A LAWYER'S SERVICES.
   2-10  (a)  A lawyer shall not make or permit to be made a false,
   2-11  misleading, deceptive, or unfair communication about the lawyer or
   2-12  the lawyer's services.  A communication violates this section if
   2-13  it:
   2-14              (1)  contains a material misrepresentation of fact or
   2-15  law or omits a fact necessary to make the statement considered as a
   2-16  whole not materially misleading;
   2-17              (2)  is likely to create an unjustified expectation
   2-18  about results the lawyer can achieve or states or implies that the
   2-19  lawyer can achieve results by means that violate this subchapter,
   2-20  the Rules of Professional Conduct, or other law;
   2-21              (3)  compares the lawyer's services with other lawyers'
   2-22  services, unless the comparison can be factually substantiated; or
   2-23              (4)  states or implies that the lawyer is able to
   2-24  influence improperly or upon irrelevant grounds any tribunal,
   2-25  legislative body, or public official.
    3-1        (b)  Any statement about fees must include the amount of the
    3-2  fee, whether contingent or otherwise, and must state whether the
    3-3  client may be obligated for all or some portion of the cost
    3-4  involved.
    3-5        Sec. 81.122.  ADVERTISING.  (a)  Subject to all the
    3-6  requirements set forth in this subchapter, including the filing
    3-7  requirements of Section 81.124, a lawyer may advertise services
    3-8  through public media, such as a telephone directory, legal
    3-9  directory, newspaper or other periodical, billboard or other sign,
   3-10  radio, television, and recorded messages the public may access by
   3-11  dialing a telephone number, or through written communication not
   3-12  involving solicitation as described in Section 81.123.  This
   3-13  section does not apply to any advertisement broadcast or
   3-14  disseminated in another jurisdiction in which the advertising
   3-15  lawyer is licensed to practice law if such advertisement complies
   3-16  with the laws and rules governing lawyer advertising in that
   3-17  jurisdiction and is not intended for broadcast or dissemination
   3-18  within the State of Texas.
   3-19        (b)  Advertisements on the electronic media such as
   3-20  television or radio may contain the same factual information and
   3-21  illustrations as permitted in advertisements in the print media.
   3-22  Information presented by audio shall be articulated by spoken
   3-23  voice, with no background sounds of sirens, crashing vehicles, or
   3-24  explosions.  If music is used as background for an advertisement,
   3-25  it shall be instrumental music.  The lawyer and regular employees
    4-1  of the lawyer or firm advertising and actors who are not
    4-2  celebrities recognizable to the public may appear by voice or on
    4-3  screen in electronic media advertisements.
    4-4        (c)  All advertisements and written communications pursuant
    4-5  to this subchapter shall include the name of at least one lawyer or
    4-6  the lawyer referral service responsible for their content.
    4-7        (d)  Except as provided in this subsection, all
    4-8  advertisements shall contain the following disclosure:  "The hiring
    4-9  of a lawyer is an important decision that should not be based
   4-10  solely upon advertisements."  This disclosure need not appear in
   4-11  electronic advertisements or advertisements in the public print
   4-12  media that contain no information other than that listed in
   4-13  Subsection (m).
   4-14        (e)  There shall be no dramatizations or testimonials in any
   4-15  advertisement in any medium.
   4-16        (f)  Statements or representations used in advertisements
   4-17  shall present information which can be factually substantiated and
   4-18  is not merely self-laudatory.
   4-19        (g)  Every advertisement and written communication that
   4-20  indicates one or more areas of law in which the lawyer or law firm
   4-21  practices shall conform to the requirements of Section 81.125.
   4-22        (h)  The fact that a lawyer's services are provided on a
   4-23  contingent fee basis may be disclosed if all expenses are also
   4-24  contingent on a recovery, but any other statement about fees must
   4-25  include the amount of the fee, whether contingent or otherwise, and
    5-1  must state whether the client may be obligated for all or some
    5-2  portion of the costs involved.  If the lawyer intends to hold the
    5-3  client liable for expenses regardless of outcome, the lawyer must
    5-4  so disclose.  If a contingent fee contract refers to a specific
    5-5  percentage, the lawyer must disclose whether the percentage is
    5-6  computed before or after expenses are deducted from the recovery.
    5-7        (i)  A lawyer who advertises a specific fee or range of fees
    5-8  for a particular service shall not charge more than the advertised
    5-9  fee or range of fees for at least 90 days unless the advertisement
   5-10  specifies a shorter period; provided that, for advertisements in
   5-11  the yellow pages of telephone directories or other media not
   5-12  published more frequently than annually, the advertised fee or
   5-13  range of fees shall not be exceeded for one year following
   5-14  publication.
   5-15        (j)  A lawyer shall not advertise services under a name that
   5-16  violates the provisions of Section 81.126.
   5-17        (k)  All advertisements and written communications provided
   5-18  for under this subchapter shall disclose the geographic location by
   5-19  city or town of the office in which the lawyer or lawyers who will
   5-20  actually perform the services advertised principally practice law.
   5-21  If the office location is outside a city or town, the county in
   5-22  which the office is located must be disclosed.
   5-23        (l)  No lawyer shall directly or indirectly pay all or a part
   5-24  of the cost of an advertisement by a lawyer not in the same firm
   5-25  unless the advertisement discloses the name and address of the
    6-1  nonadvertising lawyer, the relationship between the advertising
    6-2  lawyer and the nonadvertising lawyer, and whether the advertising
    6-3  lawyer may refer any case received through the advertisement to the
    6-4  nonadvertising lawyer.
    6-5        (m)  The following information in advertisements and written
    6-6  communications is presumed not to violate the provisions of Section
    6-7  81.121:
    6-8              (1)  subject to the requirements of this section and
    6-9  Section 81.126, the name of the lawyer or law firm, a listing of
   6-10  lawyers associated with the firm, office addresses and telephone
   6-11  numbers, office and telephone service hours, and a designation such
   6-12  as "attorney" or "law firm";
   6-13              (2)  date of admission to the State Bar of Texas and
   6-14  any other bars and a listing of federal courts and jurisdictions
   6-15  other than Texas where the lawyer is licensed to practice;
   6-16              (3)  technical and professional licenses granted by the
   6-17  state or other recognized licensing authorities;
   6-18              (4)  foreign language ability;
   6-19              (5)  fields of law in which the lawyer is certified or
   6-20  designated, subject to the requirements of Section 81.125;
   6-21              (6)  prepaid or group legal service plans in which the
   6-22  lawyer participates;
   6-23              (7)  acceptance of credit cards;
   6-24              (8)  fee for initial consultation and fee schedule,
   6-25  subject to the requirements of Subsections (h) and (i);
    7-1              (9)  a listing of the name and geographic location of a
    7-2  lawyer or law firm as a sponsor of a public service announcement or
    7-3  charitable, civic, or community program or event.
    7-4        (n)  Nothing in this section prohibits a lawyer or law firm
    7-5  from permitting the inclusion in law lists and law directories
    7-6  intended primarily for the use of the legal profession of such
    7-7  information as has traditionally been included in those
    7-8  publications.
    7-9        (o)  All advertisements for a lawyer or law firm and all
   7-10  written communications to a prospective client for the purpose of
   7-11  soliciting professional employment must be reviewed and approved in
   7-12  writing by the lawyer or a lawyer in the law firm.
   7-13        (p)  A copy or recording of an advertisement or a writing
   7-14  soliciting professional employment shall be submitted to the
   7-15  committee in accordance with the requirements of Section 81.124,
   7-16  and the lawyer shall retain a copy or recording for four years
   7-17  after its last dissemination, along with information concerning
   7-18  when and where it was used.
   7-19        (q)  A lawyer shall not give or promise to give money or
   7-20  anything of value to a potential client or lay person for the
   7-21  purpose of obtaining professional employment; however, a lawyer may
   7-22  pay the reasonable fees for advertising and public relations
   7-23  services rendered in accordance with this subchapter and may pay
   7-24  the usual charges and otherwise cooperate with organizations that
   7-25  refer clients if the organization does not profit from the
    8-1  rendition of legal services by the lawyers.  This subsection shall
    8-2  not preclude a lawyer from negotiating with a potential client the
    8-3  terms and conditions of representation.
    8-4        (r)  A lawyer shall not advertise his association with a
    8-5  lawyer referral service or accept referrals from a lawyer referral
    8-6  service which does not meet the requirements of Article 320d,
    8-7  Revised Statutes.
    8-8        Sec. 81.123.  DIRECT CONTACT WITH PROSPECTIVE CLIENTS.
    8-9  (a)  A lawyer shall not solicit professional employment from a
   8-10  prospective client in person or by telephone, telegraph, or
   8-11  facsimile.  A lawyer shall not permit employees or agents of the
   8-12  lawyer to solicit in the lawyer's behalf.  A lawyer shall not enter
   8-13  into an agreement for, charge, or collect a fee for professional
   8-14  employment obtained in violation of this section.
   8-15        (b)(1)  A lawyer shall not solicit professional employment by
   8-16  sending or knowingly permitting to be sent, on behalf of himself,
   8-17  his firm, his partner, an associate, or any other lawyer affiliated
   8-18  with him or his firm, a written communication to a prospective
   8-19  client if:
   8-20                    (A)  the communication concerns an action for
   8-21  personal injury or wrongful death or otherwise relates to an
   8-22  accident or disaster involving the person to whom the communication
   8-23  is addressed or a relative of that person, unless the accident or
   8-24  disaster occurred more than 45 days prior to the mailing of the
   8-25  communication;
    9-1                    (B)  the written communication concerns a
    9-2  specific matter and the lawyer knows or reasonably should know that
    9-3  the person to whom the communication is directed is represented by
    9-4  a lawyer in the matter;
    9-5                    (C)  the communication concerns an arrest of the
    9-6  person to whom the communication is addressed or a relative of that
    9-7  person, unless the arrest of that person occurred more than 45 days
    9-8  prior to the mailing of the communication;
    9-9                    (D)  the communication concerns a lawsuit of any
   9-10  kind, including an action for divorce, in which the person to whom
   9-11  the communication is addressed is a defendant or a relative of that
   9-12  person, unless the lawsuit in which the person is named as a
   9-13  defendant has been on file for more than 45 days prior to the
   9-14  mailing of the communication;
   9-15                    (E)  the lawyer knows or reasonably should know
   9-16  that the injured person or relative of such injured person has
   9-17  indicated a desire not to be contacted or receive communications
   9-18  concerning professional employment;
   9-19                    (F)  the communication involves coercion, duress,
   9-20  fraud, overreaching, harassment, intimidation, or undue influence;
   9-21                    (G)  the communication contains a false,
   9-22  fraudulent, misleading, deceptive, or unfair statement or claim; or
   9-23                    (H)  the lawyer knows or reasonably should know
   9-24  that the physical, emotional, or mental state of the person makes
   9-25  it unlikely that the person would exercise reasonable judgment in
   10-1  employing a lawyer.
   10-2              (2)(A)  In this subdivision, "written communication"
   10-3  means a written communication to prospective clients for the
   10-4  purpose of soliciting professional employment.
   10-5                    (B)  A written communication shall be plainly
   10-6  marked "ADVERTISEMENT" in red ink, and the lower left corner of the
   10-7  face of the envelope containing a written communication likewise
   10-8  shall carry a prominent, red "ADVERTISEMENT" mark.  If the written
   10-9  communication is in the form of a self-mailing brochure or
  10-10  pamphlet, the "ADVERTISEMENT" mark in red ink shall appear on the
  10-11  address panel of the brochure or pamphlet.
  10-12                    (C)  A copy of each written communication and a
  10-13  sample of the envelopes in which the communications are enclosed
  10-14  shall be filed with the committee either prior to or concurrently
  10-15  with the mailing of the communication to a prospective client, as
  10-16  provided in Section 81.124.  The lawyer also shall retain a copy of
  10-17  each written communication for four years.  If written
  10-18  communications identical in content are sent to two or more
  10-19  prospective clients, the lawyer may comply with this requirement by
  10-20  filing a single copy together with a list of the names and
  10-21  addresses of persons to whom the written communication was sent,
  10-22  retaining the same information.  If the lawyer periodically sends
  10-23  the identical communication to additional prospective clients,
  10-24  lists of the additional names and addresses shall be filed with the
  10-25  committee no less frequently than monthly.
   11-1                    (D)  A written communication mailed to a
   11-2  prospective client shall be sent only by regular United States
   11-3  mail, not by registered mail or other forms of restricted delivery.
   11-4                    (E)  No reference shall be made in the written
   11-5  communication to the communication having received any kind of
   11-6  approval from the state bar.
   11-7                    (F)  The first sentence of any written
   11-8  communication concerning a specific matter shall be:  "If you have
   11-9  already retained a lawyer for this matter, please disregard this
  11-10  letter."
  11-11                    (G)  A written communication shall be on
  11-12  letter-sized paper rather than legal-sized paper and shall not be
  11-13  made to resemble legal pleadings or other legal documents.  This
  11-14  provision does not preclude the mailing of brochures and pamphlets.
  11-15                    (H)  If a lawyer other than the lawyer whose name
  11-16  or signature appears on the written communication will actually
  11-17  handle the case or matter, or if the case or matter will be
  11-18  referred to another lawyer or law firm, any written communication
  11-19  concerning a specific matter shall include a statement so advising
  11-20  the client.
  11-21                    (I)  Any written communication prompted by a
  11-22  specific occurrence involving or affecting the intended recipient
  11-23  of the communication or a family member shall disclose how the
  11-24  lawyer obtained the information prompting the communication.
  11-25                    (J)  A written communication seeking employment
   12-1  by a specific prospective client in a specific matter shall not
   12-2  reveal on the envelope or on the outside of a self-mailing brochure
   12-3  or pamphlet the nature of the client's legal problem.
   12-4        Sec. 81.124.  COMMITTEE ON ADVERTISING.  (a)  The Standing
   12-5  Committee on Advertising is hereby created as a permanent committee
   12-6  of the state bar and is not subject to dissolution by the board of
   12-7  directors under Article VIII of the State Bar Rules.  The committee
   12-8  is composed of nine members of the board of directors.  Six members
   12-9  shall be lawyers and at least two of those members shall be
  12-10  minorities.  The remaining three members shall be nonlawyers.
  12-11        (b)  The president of the state bar, subject to the board of
  12-12  directors' concurrence, shall appoint the committee members.
  12-13  Members serve for staggered three-year terms with one-third of the
  12-14  members' terms expiring each year.  Each year the president shall
  12-15  designate a member as chairperson of the committee who shall serve
  12-16  for one year.
  12-17        (c)  The committee has the following duties and
  12-18  responsibilities:
  12-19              (1)  to administer the provisions of this subchapter;
  12-20              (2)  to recommend to the executive director the hiring
  12-21  of staff and other support personnel to evaluate lawyer advertising
  12-22  in accordance with this subchapter;
  12-23              (3)  to recommend to the board of directors the
  12-24  adoption of additional laws, rules, or regulations concerning
  12-25  lawyer advertising;
   13-1              (4)  to recommend to the board of directors such
   13-2  educational programs on advertising and legal ethics as it
   13-3  considers advisable;
   13-4              (5)  to recommend to the board of directors an annual
   13-5  budget for the operation of the committee;
   13-6              (6)  to recommend to the board of directors the amount
   13-7  of any fees to be charged for filings pursuant to this subchapter;
   13-8              (7)  to file inquiries alleging professional misconduct
   13-9  by a lawyer or violation of this subchapter with the office of the
  13-10  chief disciplinary counsel;
  13-11              (8)  to provide statistics and reports on advertising
  13-12  by lawyers on an annual basis to the Supreme Court of Texas, the
  13-13  board of directors, the governor, the lieutenant governor, and the
  13-14  speaker of the house of representatives; and
  13-15              (9)  to maintain records concerning all filings made
  13-16  pursuant to this subchapter, the committee's findings, and any
  13-17  recommendations made to the office of the chief disciplinary
  13-18  counsel concerning alleged professional misconduct or violation of
  13-19  this subchapter.
  13-20        (d)  A lawyer may obtain an advisory opinion concerning the
  13-21  compliance of a contemplated advertisement or written communication
  13-22  with this subchapter in advance of disseminating the advertisement
  13-23  or communication by submitting the material and fee specified in
  13-24  Subsection (g) to the committee at least 30 days prior to such
  13-25  dissemination.  If the committee finds that the advertisement
   14-1  complies with this subchapter, the lawyer's voluntary submission
   14-2  shall be deemed to satisfy the filing requirement set forth in
   14-3  Subsection (e).
   14-4        (e)  Subject to the exemptions stated in Subsection (f), any
   14-5  lawyer who advertises services through any public media or through
   14-6  written communication not involving solicitation as described in
   14-7  Section 81.123 shall file a copy of each such advertisement with
   14-8  the committee for evaluation of compliance with this subchapter.
   14-9  The copy shall be filed either prior to or concurrently with the
  14-10  lawyer's first dissemination of the advertisement or written
  14-11  communication and shall be accompanied by the information and fee
  14-12  specified in Subsection (g).
  14-13        (f)  Exempt from the filing requirements of Subsection (e)
  14-14  are:
  14-15              (1)  any advertisement in any of the public media,
  14-16  including the yellow pages of telephone directories, that contains
  14-17  no illustrations and no information other than that set forth in
  14-18  Section 81.122(m);
  14-19              (2)  a brief announcement in any of the public media
  14-20  that identifies a lawyer or law firm as a contributor to a
  14-21  specified charity or as a sponsor of a specified charitable,
  14-22  community, or public interest program, activity, or event, provided
  14-23  that the announcement contains no information about the lawyer or
  14-24  law firm other than the name, the city where the law offices are
  14-25  located, and the fact of the sponsorship or contribution;
   15-1              (3)  a listing or entry in a law list;
   15-2              (4)  a newsletter mailed only to:
   15-3                    (A)  existing or former clients;
   15-4                    (B)  other lawyers or professionals; and
   15-5                    (C)  members of a nonprofit organization by an
   15-6  attorney for such organization;
   15-7              (5)  professional announcement cards stating new or
   15-8  changed associations, new offices, and similar changes relating to
   15-9  a lawyer or law firm.
  15-10        (g)  A filing with the committee as required by Subsection
  15-11  (e) or as permitted by Subsection (d) shall consist of:
  15-12              (1)  a copy of the advertisement or communication in
  15-13  the form or forms in which it is to be disseminated including but
  15-14  not limited to videotapes, audiotapes, print media, and photographs
  15-15  of outdoor advertising;
  15-16              (2)  a statement of when and where the communication
  15-17  will be used; and
  15-18              (3)  a check or money order in the amount of the fee
  15-19  established by the board of directors made payable to the State Bar
  15-20  of Texas.  The board of directors shall establish a reasonable
  15-21  filing fee each year for evaluating advertisements and written
  15-22  communications as required by this subchapter and shall submit the
  15-23  fee in its proposed budget to the supreme court for approval.  The
  15-24  fees generated shall be sufficient to cover only those costs
  15-25  incurred by the committee and its staff in evaluating and reviewing
   16-1  advertisements and written communications and for related purposes
   16-2  of enforcing this subchapter.
   16-3        (h)  The committee shall evaluate all advertisements and
   16-4  written communications filed with it pursuant to this section for
   16-5  compliance with the applicable sections set forth in this
   16-6  subchapter.  The committee shall complete its evaluation within 30
   16-7  days of receipt of a filing unless the committee determines that
   16-8  there is reasonable doubt that the advertisement or written
   16-9  communication is in compliance with this subchapter and that
  16-10  further examination is warranted but cannot be completed within the
  16-11  30-day period and so advises the lawyer within the 30-day period.
  16-12  In the latter event, the committee shall complete its review as
  16-13  promptly as the circumstances reasonably allow.  If the committee
  16-14  does not send any communication to the lawyer within 30 days, the
  16-15  advertisement will be deemed approved.
  16-16        (i)  If requested by the committee, the filing lawyer shall
  16-17  submit information to substantiate representations made or implied
  16-18  in that lawyer's advertisement or written communication.
  16-19        (j)  When the committee determines that an advertisement or
  16-20  written communication is not in compliance with this subchapter,
  16-21  the committee shall advise the lawyer that dissemination or
  16-22  continued dissemination of the advertisement or written
  16-23  communication may result in professional discipline.
  16-24        (k)  A finding by the committee of either compliance or
  16-25  noncompliance shall not be binding in a grievance proceeding, but
   17-1  may be offered as evidence.
   17-2        (l)  If a change of circumstances occurs subsequent to the
   17-3  committee's evaluation of an advertisement or written communication
   17-4  that raises a substantial possibility that the advertisement or
   17-5  communication has become false or misleading as a result of the
   17-6  change in circumstances, the lawyer shall promptly refile the
   17-7  advertisement or a modified advertisement with the committee along
   17-8  with an explanation of the change in circumstances and a reasonable
   17-9  fee to be determined by the board of directors.
  17-10        Sec. 81.125.  COMMUNICATION OF FIELD OF PRACTICE.  (a)  A
  17-11  lawyer may not communicate the fact that the lawyer is a
  17-12  specialist, except as provided in this section.
  17-13        (b)  A lawyer admitted to engage in patent practice before
  17-14  the U.S. Patent and Trademark Office may use the designation
  17-15  "patents," "patent attorney," "patent lawyer," or any combination
  17-16  of those terms.  A lawyer engaged in the trademark practice may use
  17-17  the designation "trademark," "trademark attorney," "trademark
  17-18  lawyer," or any combination of those terms.  A lawyer engaged in
  17-19  patent and trademark practice may hold himself out as specializing
  17-20  in "intellectual property law," "patents, or trademarks, and
  17-21  related matters" or "patent, trademark, copyright law and unfair
  17-22  competition," or any of those terms.
  17-23        (c)  A lawyer who has been awarded a certificate of special
  17-24  competence by the Texas Board of Legal Specialization in the area
  17-25  so advertised shall state with respect to each area "board
   18-1  certified (area of specialization) -- Texas Board of Legal
   18-2  Specialization."
   18-3        (d)  If the lawyer has not been awarded a certificate of
   18-4  special competence by the Texas Board of Legal Specialization in
   18-5  the area so advertised, the advertisement shall state with respect
   18-6  to each area, "Not certified by the Texas Board of Legal
   18-7  Specialization."  If the area of law so advertised has not been
   18-8  designated as an area in which a lawyer may be awarded a
   18-9  certificate of special competence by the Texas Board of Legal
  18-10  Specialization, the lawyer may also state, "No designation has been
  18-11  made by the Texas Board of Legal Specialization for a Certificate
  18-12  of Special Competence in this area."
  18-13        (e)  The statements referred to in Subsections (c) and (d)
  18-14  shall be displayed conspicuously with no abbreviations or changes
  18-15  in the language set forth above, and such statement shall be
  18-16  separate and apart from any other statements so as to be easily
  18-17  seen and understood by any consumer.
  18-18        Sec. 81.126.  FIRM NAMES AND LETTERHEADS.  (a)  A lawyer
  18-19  shall not use a firm name, letterhead, or other professional
  18-20  designation that violates Section 81.121.
  18-21        (b)  A lawyer in private practice shall not practice under a
  18-22  trade name, a name that is misleading as to the identity of the
  18-23  lawyer or lawyers practicing under such name, or a firm name
  18-24  containing names other than those of one or more of the lawyers in
  18-25  the firm, except that the names of a professional corporation or
   19-1  professional association may contain "P.C." or "P.A." or similar
   19-2  symbols indicating the nature of the organization, and if otherwise
   19-3  lawful a firm may use as or continue to include in its name the
   19-4  name or names of one or more deceased or retired members of the
   19-5  firm or of a predecessor firm in a continuing line of succession.
   19-6  Nothing within this subsection shall prohibit a married woman from
   19-7  practicing under her maiden name.
   19-8        (c)  A lawyer shall not advertise under a trade or fictitious
   19-9  name, except that a lawyer who actually practices under a trade
  19-10  name as authorized by Subsection (b) may use that name in
  19-11  advertisements.  A lawyer who advertises under a trade or
  19-12  fictitious name is in violation of this subsection unless the same
  19-13  name is the law firm name that appears on the lawyer's letterhead,
  19-14  business cards, office sign, and fee contracts and that appears
  19-15  with the lawyer's signature on pleadings and other legal documents.
  19-16        (d)  A law firm with offices in more than one jurisdiction
  19-17  may use the same name in each jurisdiction, but identification of
  19-18  the lawyers in an office of the firm shall indicate the
  19-19  jurisdictional limitations on those not licensed to practice in the
  19-20  jurisdiction in which the office is located.
  19-21        (e)  The name of a lawyer occupying a judicial, legislative,
  19-22  or public executive or administrative position shall not be used in
  19-23  the name of a law firm or in a communication on its behalf during
  19-24  any substantial period in which the lawyer is not actively and
  19-25  regularly practicing with the firm.
   20-1        (f)  Lawyers may state or imply that they practice in a
   20-2  partnership or other organization only when that is the fact.
   20-3        SECTION 3.  Section 38.12, Penal Code, is amended to read as
   20-4  follows:
   20-5        Sec. 38.12.  BARRATRY.  (a)  A person commits an offense if,
   20-6  with intent to obtain an economic benefit for himself, he:
   20-7              (1)  institutes any suit or claim in which he knows he
   20-8  has no interest;
   20-9              (2)  institutes any suit or claim that he knows is
  20-10  false;
  20-11              (3)  either in person or by telephone solicits
  20-12  employment for himself or another to prosecute or defend a suit or
  20-13  to collect a claim; <or>
  20-14              (4)  procures another to solicit for him or another
  20-15  employment to prosecute or defend a suit or to collect a claim; or
  20-16              (5)  pays or gives another money or anything of value
  20-17  as an inducement for providing him or another person with
  20-18  employment to prosecute or defend a suit or to collect a claim.
  20-19        (b)  A person commits an offense if he:
  20-20              (1)  knowingly:
  20-21                    (A)  expends funds the person knows or believes
  20-22  are derived from the commission of an offense under Subsection (a)
  20-23  of this section; or
  20-24                    (B)  finances or invests funds the person knows
  20-25  or believes are intended to further the commission of an offense
   21-1  under Subsection (a) of this section; or
   21-2              (2)  negligently:
   21-3                    (A)  expends funds the person in the exercise of
   21-4  reasonable care should know or should believe are derived from the
   21-5  commission of an offense under Subsection (a) of this section; or
   21-6                    (B)  finances or invests funds the person in the
   21-7  exercise of reasonable care should know or should believe are
   21-8  intended to further the commission of an offense under Subsection
   21-9  (a) of this section.
  21-10        (c)  Intent to obtain an economic benefit is presumed if the
  21-11  person accepts or offers to accept employment for a fee, accepts or
  21-12  offers to accept a fee, enters into a fee contract, or accepts or
  21-13  agrees to accept money or any economic benefit.
  21-14        (d) <(c)>  Except as provided by Subsection (f) <(d)> of this
  21-15  section, an offense under Subsection (b)(2) <(a)> of this section
  21-16  is a Class A misdemeanor.
  21-17        (e)  An offense under Subsection (a) or (b)(1) of this
  21-18  section is a felony of the third degree.
  21-19        (f) <(d)>  An offense under Subsection (b)(2) <(a)(3) or
  21-20  (a)(4)> of this section is a felony of the third degree if it is
  21-21  shown on the trial of the offense that<:>
  21-22              <(1)>  the defendant has previously been convicted
  21-23  under Subsection (b)(2) <(a)(3) or (a)(4)> of this section<; and>
  21-24              <(2)  the solicitation is performed in whole or in
  21-25  part:>
   22-1                    <(A)  in a hospital, funeral establishment, or
   22-2  public or private cemetery or at the scene of an accident;>
   22-3                    <(B)  by using a person who is an employee of:>
   22-4                          <(i)  this state;>
   22-5                          <(ii)  a political subdivision of this
   22-6  state, including a county, municipality, or special purpose
   22-7  district or authority; or>
   22-8                          <(iii)  a hospital or funeral
   22-9  establishment; or>
  22-10                    <(C)  by impersonating a clergyman, public
  22-11  employee, or emergency assistance worker or volunteer>.
  22-12        (g) <(e)>  Final conviction of felony barratry is a serious
  22-13  crime for all purposes and acts, specifically including the State
  22-14  Bar Rules and the Texas Rules of Disciplinary Procedure.
  22-15        SECTION 4.  Chapter 38, Penal Code, is amended by adding
  22-16  Section 38.121 to read as follows:
  22-17        Sec. 38.121.  WRITTEN SOLICITATION FOR PURPOSE OF OBTAINING
  22-18  PROFESSIONAL EMPLOYMENT.  (a)  A person commits an offense if the
  22-19  person, with the intent to obtain professional employment for
  22-20  himself or another, sends or knowingly permits to be sent a written
  22-21  communication to an individual who has not sought his/her advice
  22-22  regarding employment if:
  22-23              (1)  the communication concerns an action for personal
  22-24  injury or wrongful death or otherwise relates to an accident or
  22-25  disaster involving the person to whom the communication is
   23-1  addressed or a relative of that person, unless the accident or
   23-2  disaster occurred more than 45 days prior to the mailing of the
   23-3  communication;
   23-4              (2)  the communication concerns a specific matter and
   23-5  the lawyer or others acting as, for, or on behalf of a lawyer knows
   23-6  or reasonably should have known that the person to whom the
   23-7  communication is directed is represented by a lawyer in the matter;
   23-8              (3)  the communication concerns an arrest of the person
   23-9  to whom the communication is addressed or a relative of that
  23-10  person, unless the arrest of that person occurred more than 45 days
  23-11  prior to the mailing of the communication;
  23-12              (4)  the communication concerns a lawsuit of any kind,
  23-13  including an action for divorce, in which the person to whom the
  23-14  communication is addressed is a defendant or a relative of that
  23-15  person, unless the lawsuit in which the person is named as a
  23-16  defendant has been on file for more than 45 days prior to the
  23-17  mailing of the communication;
  23-18              (5)  the person knows or reasonably should know that
  23-19  the injured person or relative of such injured person has indicated
  23-20  a desire not to be contacted or receive communications concerning
  23-21  professional employment;
  23-22              (6)  the communication concerns the death of any person
  23-23  and the communication is addressed to a relative of the deceased,
  23-24  unless the death of the deceased occurred more than 45 days prior
  23-25  to the mailing of the communication;
   24-1              (7)  the communication concerns a potential claim of
   24-2  bankruptcy involving the person to whom the communication is
   24-3  addressed or a relative of that person, unless the notice of
   24-4  foreclosure or any other operative document which indicates a
   24-5  potential claim of bankruptcy by the person to whom the
   24-6  communication is directed has been officially posted more than 45
   24-7  days prior to the mailing of the communication;
   24-8              (8)  the communication involves coercion, duress,
   24-9  fraud, overreaching, harassment, intimidation, or undue influence;
  24-10  or
  24-11              (9)  the communication contains a false, fraudulent,
  24-12  misleading, deceptive, or unfair statement or claim.
  24-13        (b)  For the purposes of Subsection (a) of this section, a
  24-14  desire not to be contacted is presumed if an accident report
  24-15  reflects that such an indication has been made by the injured
  24-16  person or relative.
  24-17        (c)  Except as provided by Subsection (d) of this section, an
  24-18  offense under Subsection (a) of this section is a Class A
  24-19  misdemeanor.
  24-20        (d)  An offense under Subsection (a) of this section is a
  24-21  felony of the third degree if it is shown on the trial of the
  24-22  offense that the defendant had previously been convicted under
  24-23  Subsection (a) of this section.
  24-24        SECTION 5.  Subsection (a), Section 45, Uniform Act
  24-25  Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
   25-1  Statutes), is amended to read as follows:
   25-2        (a)  The department shall prepare and upon request supply to
   25-3  police departments, coroners, sheriffs, garages, and other suitable
   25-4  agencies or individuals, forms for accident reports required
   25-5  hereunder, appropriate with respect to the persons required to make
   25-6  such reports and the purposes to be served.  The written reports to
   25-7  be made by person involved in accidents and by investigating
   25-8  officers shall call for sufficiently detailed information to
   25-9  disclose with reference to a traffic accident the cause, conditions
  25-10  then existing, and the persons and vehicle involved.  Also, the
  25-11  forms for the written reports shall include a means for designating
  25-12  and identifying peace officers, fire fighters, and emergency
  25-13  medical services employees who during an emergency are involved in
  25-14  accidents while driving law enforcement vehicles, fire department
  25-15  vehicles, or emergency medical services vehicles in pursuit of
  25-16  their duties.  The forms shall also contain a statement by the
  25-17  peace officers, fire fighters, and emergency medical services
  25-18  employees describing the nature of the emergency.  The forms must
  25-19  include a means of designating whether an individual involved in an
  25-20  accident desires to be contacted by persons seeking to obtain
  25-21  professional employment.  An individual's response as to whether
  25-22  the individual desires to be contacted is not admissible evidence
  25-23  in a civil trial.
  25-24        SECTION 6.  Article 42.12, Code of Criminal Procedure, is
  25-25  amended by adding Section 13A to read as follows:
   26-1        Sec. 13A.  BARRATRY PROBATION.  A court granting probation to
   26-2  a defendant convicted of an offense under Section 38.12, Penal
   26-3  Code, shall require as a condition of probation that the defendant
   26-4  submit to detention in a county jail for a period of:
   26-5              (1)  not less than 24 hours nor more than 30 days if
   26-6  the defendant is convicted of a misdemeanor; or
   26-7              (2)  not less than 10 days nor more than 180 days if
   26-8  the defendant is convicted of a felony.
   26-9        SECTION 7.  (a)  The change in law made by this Act applies
  26-10  only to an offense committed on or after the effective date of this
  26-11  Act.  For purposes of this section, an offense is committed before
  26-12  the effective date of this Act if any element of the offense occurs
  26-13  before the effective date.
  26-14        (b)  An offense committed before the effective date of this
  26-15  Act is covered by the law in effect when the offense was committed,
  26-16  and the former law is continued in effect for this purpose.
  26-17        SECTION 8.  This Act takes effect September 1, 1993.
  26-18        SECTION 9.  The importance of this legislation and the
  26-19  crowded condition of the calendars in both houses create an
  26-20  emergency and an imperative public necessity that the
  26-21  constitutional rule requiring bills to be read on three several
  26-22  days in each house be suspended, and this rule is hereby suspended.