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.