By Brimer H.B. No. 2633
75R6077 MWV-D
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. An attorney may not charge or
1-9 receive as compensation for legal advice provided by the attorney,
1-10 in a criminal matter, the assignment of the right to publish, in
1-11 print, film, or otherwise, the account of a crime or the events
1-12 associated with a crime.
1-13 Sec. 84.002. CRIMINAL OFFENSE. (a) A person commits an
1-14 offense if, while acting as an attorney, the person agrees to
1-15 accept as compensation for legal advice provided by the person in a
1-16 criminal matter the right to publish, in print, film, or otherwise,
1-17 the account of a crime or the events associated with a crime.
1-18 (b) An offense under this section is a Class A misdemeanor.
1-19 Sec. 84.003. CIVIL LIABILITY. (a) A person, including the
1-20 victim of a crime or the estate of a victim of a crime, may bring
1-21 suit against an attorney whose violation of Section 84.001 harms
1-22 the person bringing the suit.
1-23 (b) A person who brings suit under this section is entitled
1-24 to recover:
2-1 (1) the greater of:
2-2 (A) $1 million; or
2-3 (B) actual damages caused to the person bringing
2-4 the suit by the publication of the account of the crime;
2-5 (2) exemplary damages in an amount determined by the
2-6 court;
2-7 (3) reasonable attorney's fees; and
2-8 (4) court costs.
2-9 Sec. 84.004. PROHIBITED ATTORNEY AGREEMENT. (a) The State
2-10 Bar of Texas by rule shall prohibit an attorney from agreeing to
2-11 accept as compensation for legal advice provided by the attorney in
2-12 a criminal matter the assignment of the right to publish, in print,
2-13 film, or otherwise, the account of a crime or the events associated
2-14 with a crime.
2-15 (b) An agreement in violation of a rule adopted by the state
2-16 bar as provided by Subsection (a) is voidable by the client.
2-17 (c) An attorney who agrees to accept compensation in
2-18 violation of a rule adopted by the state bar as provided by
2-19 Subsection (a) may be suspended from practice, or the attorney's
2-20 license may be revoked.
2-21 Sec. 84.005. CUMULATIVE REMEDIES. This chapter is
2-22 cumulative of other law under which a person may obtain judicial
2-23 relief. An administrative, civil, or criminal action brought
2-24 against an attorney based on a violation of this chapter does not
2-25 limit or restrict another action against the attorney by the same
2-26 or another person.
2-27 SECTION 2. This Act takes effect September 1, 1997, and
3-1 applies only to an agreement made on or after that date. An
3-2 agreement made before September 1, 1997, is governed by the law as
3-3 it existed immediately before the effective date of this Act, and
3-4 that law is continued in effect for that purpose.
3-5 SECTION 3. The importance of this legislation and the
3-6 crowded condition of the calendars in both houses create an
3-7 emergency and an imperative public necessity that the
3-8 constitutional rule requiring bills to be read on three several
3-9 days in each house be suspended, and this rule is hereby suspended.