By Nixon H.B. No. 175
75R447 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the offense of barratry.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 38.01, Penal Code, is amended by amending
1-5 Subdivision (11) and adding Subdivision (12) to read as follows:
1-6 (11) "Solicit employment" means to communicate in
1-7 person or by telephone [or written communication] with a
1-8 prospective client or a member of the prospective client's family
1-9 concerning professional employment within the scope of a
1-10 professional's license, registration, or certification [legal
1-11 representation] arising out of a particular occurrence or event, or
1-12 series of occurrences or events, or concerning an existing [legal]
1-13 problem of the prospective client within the scope of the
1-14 professional's license, registration, or certification, for the
1-15 purpose of providing professional services [legal representation]
1-16 to the prospective client, when neither the person receiving the
1-17 communication nor anyone acting on that person's behalf has
1-18 requested the communication. The term does not include a
1-19 communication initiated by a family member of the person receiving
1-20 a communication, a communication by a professional [an attorney]
1-21 who has a prior or existing professional-client [attorney-client]
1-22 relationship with the person receiving the communication, or
1-23 communication by an attorney for a qualified nonprofit organization
1-24 with the organization's members for the purpose of educating the
2-1 organization's members to understand the law, to recognize legal
2-2 problems, to make intelligent selection of legal counsel, or to use
2-3 available legal services. The term does not include an
2-4 advertisement by a professional [an attorney] through public media.
2-5 (12) "Professional" means an attorney, chiropractor,
2-6 physician, surgeon, private investigator, or any person licensed,
2-7 certified, or registered by a state agency that regulates a health
2-8 care profession.
2-9 SECTION 2. Sections 38.12(a) and (b), Penal Code, are
2-10 amended to read as follows:
2-11 (a) A person commits an offense if, with intent to obtain an
2-12 economic benefit the person:
2-13 (1) knowingly institutes a suit or claim that the
2-14 person has not been authorized to pursue;
2-15 (2) solicits employment, either in person or by
2-16 telephone, for himself or for another;
2-17 (3) pays, gives, or advances or offers to pay, give,
2-18 or advance to a prospective client money or anything of value to
2-19 obtain employment as a professional [legal representation] from the
2-20 prospective client;
2-21 (4) pays or gives or offers to pay or give a person
2-22 money or anything of value to solicit employment;
2-23 (5) pays or gives or offers to pay or give a family
2-24 member of a prospective client money or anything of value to
2-25 solicit employment; or
2-26 (6) accepts or agrees to accept money or anything of
2-27 value to solicit employment.
3-1 (b) A person commits an offense if the person:
3-2 (1) [is an attorney, chiropractor, physician, surgeon,
3-3 or private investigator licensed to practice in this state or any
3-4 person licensed, certified, or registered by a health care
3-5 regulatory agency of this state; and]
3-6 [(2)] knowingly[:]
3-7 [(A)] finances [or invests funds the person
3-8 knows or believes are intended to further] the commission of an
3-9 offense under Subsection (a); [or]
3-10 (2) invests funds the person knows or believes are
3-11 intended to further the commission of an offense under Subsection
3-12 (a); or
3-13 (3) is a professional who knowingly [(B)] accepts
3-14 employment within the scope of the person's license, registration,
3-15 or certification that results from the solicitation of employment
3-16 in violation of Subsection (a).
3-17 SECTION 3. This Act takes effect September 1, 1997.
3-18 SECTION 4. (a) The change in law made by this Act applies
3-19 only to an offense committed on or after the effective date of this
3-20 Act. For the purposes of this section, an offense is committed
3-21 before the effective date of this Act if any element of the offense
3-22 occurs before that date.
3-23 (b) An offense committed before the effective date of this
3-24 Act is covered by the law in effect when the offense was committed,
3-25 and the former law is continued in effect for that purpose.
3-26 SECTION 5. The importance of this legislation and the
3-27 crowded condition of the calendars in both houses create an
4-1 emergency and an imperative public necessity that the
4-2 constitutional rule requiring bills to be read on three several
4-3 days in each house be suspended, and this rule is hereby suspended.