By:  Henderson                                         S.B. No. 720
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the offense of barratry.
    1-2        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-3        SECTION 1.  Section 38.01, Penal Code, is amended by amending
    1-4  Subdivision (11) and adding Subdivision (12) to read as follows:
    1-5              (11)  "Solicit employment" means to communicate in
    1-6  person or by telephone <or written communication> with a
    1-7  prospective client or a member of the prospective client's family
    1-8  concerning professional employment within the scope of a
    1-9  professional's license, registration, or certification <legal
   1-10  representation> arising out of a particular occurrence or event, or
   1-11  series of occurrences or events, or concerning an existing <legal>
   1-12  problem of the prospective client within the scope of the
   1-13  professional's license, registration, or certification, for the
   1-14  purpose of providing professional services <legal representation>
   1-15  to the prospective client, when neither the person receiving the
   1-16  communication nor anyone acting on that person's behalf has
   1-17  requested the communication.  The term does not include a
   1-18  communication initiated by a family member of the person receiving
   1-19  a communication, a communication by a professional <an attorney>
   1-20  who has a prior or existing professional-client <attorney-client>
   1-21  relationship with the person receiving the communication, or
   1-22  communication by an attorney for a qualified nonprofit organization
   1-23  with the organization's members for the purpose of educating the
   1-24  organization's members to understand the law, to recognize legal
    2-1  problems, to make intelligent selection of legal counsel, or to use
    2-2  available legal services.  The term does not include an
    2-3  advertisement by a professional <an attorney> through public media.
    2-4              (12)  "Professional" means an attorney, chiropractor,
    2-5  physician, surgeon, private investigator, or any person licensed,
    2-6  certified, or registered by a state agency that regulates a health
    2-7  care profession.
    2-8        SECTION 2.  Section 38.12, Penal Code, is amended by amending
    2-9  the section heading and Subsections (a) and (b) to read as follows:
   2-10        Sec. 38.12.  BARRATRY AND SOLICITATION OF PROFESSIONAL
   2-11  EMPLOYMENT.  (a)  A person commits an offense if, with intent to
   2-12  obtain an economic benefit the person:
   2-13              (1)  knowingly institutes a suit or claim that the
   2-14  person has not been authorized to pursue;
   2-15              (2)  solicits employment, either in person or by
   2-16  telephone, for himself or for another;
   2-17              (3)  pays, gives, or advances or offers to pay, give,
   2-18  or advance to a prospective client money or anything of value to
   2-19  obtain employment as a professional <legal representation> from the
   2-20  prospective client;
   2-21              (4)  pays or gives or offers to pay or give a person
   2-22  money or anything of value to solicit employment;
   2-23              (5)  pays or gives or offers to pay or give a family
   2-24  member of a prospective client money or anything of value to
   2-25  solicit employment; or
   2-26              (6)  accepts or agrees to accept money or anything of
   2-27  value to solicit employment.
    3-1        (b)  A person commits an offense if the person:
    3-2              (1)  <is an attorney, chiropractor, physician, surgeon,
    3-3  or private investigator licensed to practice in this state or any
    3-4  person licensed, certified, or registered by a health care
    3-5  regulatory agency of this state; and>
    3-6              <(2)>  knowingly<:>
    3-7                    <(A)>  finances <or invests funds the person
    3-8  knows or believes are intended to further> the commission of an
    3-9  offense under Subsection (a); <or>
   3-10              (2)  invests funds the person knows or believes are
   3-11  intended to further the commission of an offense under Subsection
   3-12  (a); or
   3-13              (3)  is a professional who knowingly  <(B)>  accepts
   3-14  employment within the scope of the person's license, registration,
   3-15  or certification that results from the solicitation of employment
   3-16  in violation of Subsection (a).
   3-17        SECTION 3.  Subsection (a), Section 45, Uniform Act
   3-18  Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
   3-19  Statutes), is amended to read as follows:
   3-20        (a)  The department shall prepare and upon request supply to
   3-21  police departments, coroners, sheriffs, garages, and other suitable
   3-22  agencies or individuals, forms for accident reports required
   3-23  hereunder, appropriate with respect to the persons required to make
   3-24  such reports and the purposes to be served.  The written reports to
   3-25  be made by person involved in accidents and by investigation
   3-26  officers shall call for sufficiently detailed information to
   3-27  disclose with reference to a traffic accident the cause, conditions
    4-1  then existing, and the persons and vehicle involved.  Also, the
    4-2  forms for the written reports shall include a means for designating
    4-3  and identifying peace officers, fire fighters, and emergency
    4-4  medical services employees who during an emergency are involved in
    4-5  accidents while driving law enforcement vehicles, fire department
    4-6  vehicles, or emergency medical services vehicles in pursuit of
    4-7  their duties.  The forms shall also contain a statement by the
    4-8  peace officers, fire fighters, and emergency medical services
    4-9  employees describing the nature of the emergency.  The forms must
   4-10  include a means of designating whether an individual involved in an
   4-11  accident does or does not desire to be contacted by persons seeking
   4-12  to obtain professional employment as a professional described by
   4-13  Section 38.01(12) <38.12(b)(1)>, Penal Code.  An individual's
   4-14  response as to whether the individual desires to be contacted is
   4-15  not admissible evidence in a civil trial.
   4-16        SECTION 4.  This Act takes effect September 1, 1995.
   4-17        SECTION 5.  (a)  The change in law made by this Act applies
   4-18  only to an offense committed on or after the effective date of this
   4-19  Act.  For the purposes of this section, an offense is committed
   4-20  before the effective date of this Act if any element of the offense
   4-21  occurs before that date.
   4-22        (b)  An offense committed before the effective date of this
   4-23  Act is covered by the law in effect when the offense was committed,
   4-24  and the former law is continued in effect for that purpose.
   4-25        SECTION 6.  The importance of this legislation and the
   4-26  crowded condition of the calendars in both houses create an
   4-27  emergency and an imperative public necessity that the
    5-1  constitutional rule requiring bills to be read on three several
    5-2  days in each house be suspended, and this rule is hereby suspended.