1-1 By: Henderson S.B. No. 720
1-2 (In the Senate - Filed February 22, 1995; February 23, 1995,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 March 21, 1995, reported favorably, as amended, by the following
1-5 vote: Yeas 6, Nays 0; March 21, 1995, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Henderson
1-7 Amend SECTION 2 of S.B. No. 720 by changing the title of Section
1-8 38.12 from "BARRATRY" as follows:
1-9 Sec. 38.12. BARRATRY AND SOLICITATION OF PROFESSIONAL
1-10 EMPLOYMENT.
1-11 A BILL TO BE ENTITLED
1-12 AN ACT
1-13 relating to the offense of barratry.
1-14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15 SECTION 1. Section 38.01, Penal Code, is amended by amending
1-16 Subdivision (11) and adding Subdivision (12) to read as follows:
1-17 (11) "Solicit employment" means to communicate in
1-18 person or by telephone <or written communication> with a
1-19 prospective client or a member of the prospective client's family
1-20 concerning professional employment within the scope of a
1-21 professional's license, registration, or certification <legal
1-22 representation> arising out of a particular occurrence or event, or
1-23 series of occurrences or events, or concerning an existing <legal>
1-24 problem of the prospective client within the scope of the
1-25 professional's license, registration, or certification, for the
1-26 purpose of providing professional services <legal representation>
1-27 to the prospective client, when neither the person receiving the
1-28 communication nor anyone acting on that person's behalf has
1-29 requested the communication. The term does not include a
1-30 communication initiated by a family member of the person receiving
1-31 a communication, a communication by a professional <an attorney>
1-32 who has a prior or existing professional-client <attorney-client>
1-33 relationship with the person receiving the communication, or
1-34 communication by an attorney for a qualified nonprofit organization
1-35 with the organization's members for the purpose of educating the
1-36 organization's members to understand the law, to recognize legal
1-37 problems, to make intelligent selection of legal counsel, or to use
1-38 available legal services. The term does not include an
1-39 advertisement by a professional <an attorney> through public media.
1-40 (12) "Professional" means an attorney, chiropractor,
1-41 physician, surgeon, private investigator, or any person licensed,
1-42 certified, or registered by a state agency that regulates a health
1-43 care profession.
1-44 SECTION 2. Subsections (a) and (b), Section 38.12, Penal
1-45 Code, are amended to read as follows:
1-46 (a) A person commits an offense if, with intent to obtain an
1-47 economic benefit the person:
1-48 (1) knowingly institutes a suit or claim that the
1-49 person has not been authorized to pursue;
1-50 (2) solicits employment, either in person or by
1-51 telephone, for himself or for another;
1-52 (3) pays, gives, or advances or offers to pay, give,
1-53 or advance to a prospective client money or anything of value to
1-54 obtain employment as a professional <legal representation> from the
1-55 prospective client;
1-56 (4) pays or gives or offers to pay or give a person
1-57 money or anything of value to solicit employment;
1-58 (5) pays or gives or offers to pay or give a family
1-59 member of a prospective client money or anything of value to
1-60 solicit employment; or
1-61 (6) accepts or agrees to accept money or anything of
1-62 value to solicit employment.
1-63 (b) A person commits an offense if the person:
1-64 (1) <is an attorney, chiropractor, physician, surgeon,
1-65 or private investigator licensed to practice in this state or any
1-66 person licensed, certified, or registered by a health care
1-67 regulatory agency of this state; and>
1-68 <(2)> knowingly<:>
2-1 <(A)> finances <or invests funds the person
2-2 knows or believes are intended to further> the commission of an
2-3 offense under Subsection (a); <or>
2-4 (2) invests funds the person knows or believes are
2-5 intended to further the commission of an offense under Subsection
2-6 (a); or
2-7 (3) is a professional who knowingly <(B)> accepts
2-8 employment within the scope of the person's license, registration,
2-9 or certification that results from the solicitation of employment
2-10 in violation of Subsection (a).
2-11 SECTION 3. This Act takes effect September 1, 1995.
2-12 SECTION 4. (a) The change in law made by this Act applies
2-13 only to an offense committed on or after the effective date of this
2-14 Act. For the purposes of this section, an offense is committed
2-15 before the effective date of this Act if any element of the offense
2-16 occurs before that date.
2-17 (b) An offense committed before the effective date of this
2-18 Act is covered by the law in effect when the offense was committed,
2-19 and the former law is continued in effect for that purpose.
2-20 SECTION 5. The importance of this legislation and the
2-21 crowded condition of the calendars in both houses create an
2-22 emergency and an imperative public necessity that the
2-23 constitutional rule requiring bills to be read on three several
2-24 days in each house be suspended, and this rule is hereby suspended.
2-25 * * * * *