GEC C.S.H.B. 2633 75(R) BILL ANALYSIS BUSINESS & INDUSTRY C.S.H.B. 2633 By: Brimer 4-30-97 Committee Report (Substituted) BACKGROUND With the current sensationalism surrounding criminal acts such as the murder of a Mansfield teenager allegedly by two military academy cadets, some criminal suspects have been accused of using proceeds from movie and publication rights from their alleged criminal acts in order to fund their legal defense. PURPOSE To prohibit an attorney from making or negotiating an agreement with a client, a prospective client, or former client, that provides the attorney literary or media rights to a portrayal or account based in substantial part on information relating to the representation. 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 Subtitle G, Title 2, Government Code by adding Chapter 84 as follows: Section 84.001 Prohibits an attorney from making or negotiating an agreement with a client, a prospective client, or former client, that provides the attorney literary or media rights to a portrayal or account based in substantial part on information relating to the representation. Section 84.002 Sets out what constitutes an offense under this Act, and that a violation of Section 84.001 is a Class A misdemeanor Section 84.003 Provides that a person who is harmed by an attorney who has violated Section 84.001, may bring suit against that attorney and is entitled to recover the greater of $1 million or actual damages caused by the publication of the account of the crime, exemplary damages, attorney's fees, and court costs. Section 84.004 Provides that this chapter is cumulative of other law under which a person may obtain judicial relief. SECTION 2. Effective date: September 1, 1997. An agreement made before September 1, 1997 is governed by current law. SECTION 3. Emergency Clause. COMPARISON OF ORIGINAL TO SUBSTITUTE SECTION 1. Sec. 84.001 was completely deleted and replaced with new language that reads: "Before the conclusion of all aspects of a matter that gives rise to an attorney's employment, an attorney may not make or negotiate an agreement with a client, a prospective client, or former client that provides the attorney literary or media rights to a portrayal or account based in substantial part on information relating to the representation." Sec. 84.004 of the original bill was completely deleted.