BILL ANALYSIS



S.B. 720
By: Henderson (Nixon)
May 18, 1995
Committee Report (Unamended)


BACKGROUND

When the 73rd Legislature strengthened the barratry laws it made
most of the prohibitions apply only to attorneys.  The problems
related to "ambulance chasing" go beyond the actions of attorneys
to include other professionals.

PURPOSE

As proposed, S.B. 720 expands offenses for the offense of barratry.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to 
a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 38.01, Penal Code, by amending
Subdivision (11) and adding Subdivision (12) to redefine "solicit
employment" and to define "professional."

SECTION 2. Amends Sections 38.12, Penal Code, as follows:

Sec. 38.12.  New heading:  BARRATRY AND SOLICITATION OF
PROFESSIONAL EMPLOYMENT.  (a)  Provides that a person commits an
offense if, with intent to obtain an economic benefit, the person
pays, gives, or advances to a prospective client money or anything
of value to obtain employment as a professional from the
prospective client.

     (b)  Provides that a person commits an offense if the person
     knowingly invests funds the person knows or believe are
     intended to further the commission of an offense under
     Subsection (a), or is a professional who knowingly accepts
     employment that results from the solicitation of employment in
     violation of Subsection (a).
     
SECTION 3. Article 6701(d) Section 45 is amended as follows:  
The reference to Section 38.12(b)(1), Penal Code, is changed to
Section 38.01(12).
 
SECTION 4. Effective date:  September 1, 1995.

SECTION 5. Make application of this Act prospective.

     SECTION 6.     Emergency clause.

SUMMARY OF COMMITTEE ACTION

SB 720 was considered by the full committee in a formal meeting on
May 17, 1995.  SB 720 was reported favorably without amendment,
with the recommendation that it do pass and be printed, by a record
vote of 7 ayes, 0 nays, 0 pnv, and 2 absent.