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.