75R12926 MWV-D                           

         By Brimer                                             H.B. No. 2633

         Substitute the following for H.B. No. 2633:

         By Brimer                                         C.S.H.B. No. 2633

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to attorney compensation in certain matters; providing

 1-3     civil and criminal penalties.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subtitle G, Title 2, Government Code, is amended

 1-6     by adding Chapter 84 to read as follows:

 1-7               CHAPTER 84.  UNAUTHORIZED ATTORNEY COMPENSATION

 1-8           Sec. 84.001.  PROHIBITED ACTS.  Before the conclusion of all

 1-9     aspects of a matter that gives rise to an attorney's employment, an

1-10     attorney may not make or negotiate an agreement with a client, a

1-11     prospective client, or former client that provides the attorney

1-12     literary or media rights to a portrayal or account based in

1-13     substantial part on information relating to the representation.

1-14           Sec. 84.002.  CRIMINAL OFFENSE.  (a)  A person commits an

1-15     offense if, while acting as an attorney, the person agrees to

1-16     accept as compensation for legal advice provided by the person in a

1-17     criminal matter the right to publish, in print, film, or otherwise,

1-18     the account of a crime or the events associated with a crime.

1-19           (b)  An offense under this section is a Class A misdemeanor.

1-20           Sec. 84.003.  CIVIL LIABILITY.  (a)  A person, including the

1-21     victim of a crime or the estate of a victim of  a crime, may bring

1-22     suit against an attorney whose violation of Section 84.001 harms

1-23     the person bringing the suit.

1-24           (b)  A person who brings suit under this section is entitled

 2-1     to recover:

 2-2                 (1)  the greater of:

 2-3                       (A)  $1 million; or

 2-4                       (B)  actual damages caused to the person bringing

 2-5     the suit by the publication of the account of the crime;

 2-6                 (2)  exemplary damages in an amount determined by the

 2-7     court;

 2-8                 (3)  reasonable attorney's fees; and

 2-9                 (4)  court costs.

2-10           Sec. 84.004.  CUMULATIVE REMEDIES.  This chapter is

2-11     cumulative of other law under which a person may obtain judicial

2-12     relief. An administrative, civil, or criminal action brought

2-13     against an attorney based on a violation of this chapter does not

2-14     limit or restrict another action against the attorney by the same

2-15     or another person.

2-16           SECTION 2.  This Act takes effect September 1, 1997, and

2-17     applies only to an agreement made on or after that date. An

2-18     agreement made before September 1, 1997, is governed by the law as

2-19     it existed immediately before the effective date of this Act, and

2-20     that law is continued in effect for that purpose.

2-21           SECTION 3.  The importance of this legislation and the

2-22     crowded condition of the calendars in both houses create an

2-23     emergency and an imperative public necessity that the

2-24     constitutional rule requiring bills to be read on three several

2-25     days in each house be suspended, and this rule is hereby suspended.