AEZ H.B. 1327 75(R)BILL ANALYSIS


CRIMINAL JURISPRUDENCE
H.B. 1327
By: Nixon, Joe
4-2-97
Committee Report (Unamended)



BACKGROUND 

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

PURPOSE

HB 1327, as proposed, would expand the offense of barratry. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

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

SECTION 2.  Amends Section 38.12, Penal Code, Barratry, by:

Amending the section heading to read BARRATRY AND SOLICITATION OF
PROFESSIONAL EMPLOYMENT. 

Amend Sec.38.12(a)(3) by striking "legal representation" and replacing it
with "employment as a professional". 

Amend Sec. 38.12(b) by stating that a person commits an offense if the
person knowingly finances the commission 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); oris 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, Accident Report
Forms, by changing the reference for the definition of a professional from
38.12(b) to 38.01(12), Penal Code. 

SECTION 4.Effective Date:  September 1, 1997.

SECTION 5.The change in law made by this act applies only to an offense
committed on or after the effective date of this Act. 

SECTION 6.Emergency Clause.