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.