SRC-SLL S.B. 1172 75(R) BILL ANALYSIS Senate Research Center S.B. 1172 By: Duncan Jurisprudence 4-3-97 As Filed DIGEST Currently, lawyers are prohibited from taking certain actions to gain employment. However, there is a continuing problem associated with improper, unethical, and unwanted solicitation by lawyers, chiropractors, doctors, and other medical providers. This bill will provide additional regulations regarding the offense of barratry. PURPOSE As proposed, S.B. 1172 provides additional regulations regarding 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, to redefine "solicit employment," and to define "professional." SECTION 2. Amends Section 38.12, Penal Code, by amending Subsections (a) and (b), as follows: Sec. 38.12. New heading: BARRATRY AND SOLICITATION OF PROFESSIONAL EMPLOYMENT. Provides that a person commits an offense if, with intent to obtain an economic benefit, 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. Provides that a person commits an offense if the person 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 withing the scope of the person's license, registration or certificate that results from the solicitation of employment in violation of Subsection (a). Deletes a reference to certain licensed, certified or registered professionals. Makes conforming changes. SECTION 3. Amends Section 551.064(b), Transportation Code, to make a conforming change. SECTION 4. Effective date: September 1, 1997. SECTION 5. Makes application of this Act prospective. SECTION 6. Emergency clause.