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.