SRC-HRD H.B. 1327 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1327
By: Nixon (Duncan)
Jurisprudence
5-17-97
Engrossed


DIGEST 

When the 73rd Legislature strengthened laws against barratry (inciting
groundless lawsuits), it made most of the prohibitions apply only to
attorneys.  However, the problems related to "ambulance chasing" go beyond
the actions of attorneys and include other professionals.
 
H.B. 1327 would expand the offense of barratry.                 

PURPOSE

As proposed, H.B. 1327 expands the offense of barratry.                 

RULEMAKING AUTHORITY

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 define
"professional." 

SECTION 2. Amends Section 38.12, Penal Code, by amending the section
heading and Subsections (a) and (b), as follows: 

Sec. 38.12.  BARRATRY AND SOLICITATION OF PROFESSIONAL EMPLOYMENT.
Provides that a person commits an offense if the person pays, gives, or
advances or offers to pay, give, or advance to a prospective client money
or anything of value to obtain employment as a professional, rather than
obtain legal representation, from the prospective client.  Deletes
Subdivisions (b)(1).  Provides that a person commits an offense if the
person knowingly finances the commissioner of an offense under Subsection
(a), invests funds the person knows or believes are intended to further
the commission of an offense under Subsection (a), or is a professional
who knowingly accepts employment within the scope of the person's license,
registration, or certification that results from the solicitation of
employment in violation of Subsection (a).   

SECTION 3. Amends Section 550.064(b), Transportation Code, to require an
accident report form prepared by the department to include a way to
designate whether an individual involved in an accident ants to be
contacted by a person seeking to obtain employment as a professional
described by Section 38.01(12), Penal Code, rather than 38.12(b), Penal
Code. 

SECTION 4. Effective date: September 1, 1997.

SECTION 5. Makes application of this Act prospective.

SECTION 6. Emergency clause.