1-1     By:  Brimer (Senate Sponsor - Harris)                 H.B. No. 2633

 1-2           (In the Senate - Received from the House May 15, 1997;

 1-3     May 16, 1997, read first time and referred to Committee on

 1-4     Jurisprudence; May 18, 1997, reported favorably by the following

 1-5     vote:  Yeas 7, Nays 0; May 18, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to attorney compensation in certain matters; providing

 1-9     civil and criminal penalties.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Subtitle G, Title 2, Government Code, is amended

1-12     by adding Chapter 84 to read as follows:

1-13               CHAPTER 84.  UNAUTHORIZED ATTORNEY COMPENSATION

1-14           Sec. 84.001.  PROHIBITED ACTS.  Before the conclusion of all

1-15     aspects of a criminal matter that gives rise to an attorney's

1-16     employment, an attorney may not make or negotiate an agreement with

1-17     a client, a prospective client, or former client that provides the

1-18     attorney literary or media rights to a portrayal or account based

1-19     in substantial part on information relating to the representation.

1-20           Sec. 84.002.  CRIMINAL OFFENSE.  (a)  A person commits an

1-21     offense if, while acting as an attorney, the person agrees to

1-22     accept as compensation for legal advice provided by the person in a

1-23     criminal matter the right to publish, in print, film, or otherwise,

1-24     the account of a crime or the events associated with a crime.

1-25           (b)  An offense under this section is a Class B misdemeanor.

1-26           Sec. 84.003.  CIVIL LIABILITY.  (a)  A person, including the

1-27     victim of a crime or the estate of a victim of  a crime, may bring

1-28     suit against an attorney whose violation of Section 84.001 results

1-29     in damages incurred by the person bringing the suit.

1-30           (b)  A person who brings suit under this section is entitled

1-31     to recover:

1-32                 (1)  actual damages caused to the person bringing the

1-33     suit by the publication of the account of the crime;

1-34                 (2)  exemplary damages in an amount determined by the

1-35     court;

1-36                 (3)  reasonable attorney's fees; and

1-37                 (4)  court costs.

1-38           Sec. 84.004.  CUMULATIVE REMEDIES.  This chapter is

1-39     cumulative of other law under which a person may obtain judicial

1-40     relief. An administrative, civil, or criminal action brought

1-41     against an attorney based on a violation of this chapter does not

1-42     limit or restrict another action against the attorney by the same

1-43     or another person.

1-44           SECTION 2.  This Act takes effect September 1, 1997, and

1-45     applies only to an agreement made on or after that date. An

1-46     agreement made before September 1, 1997, is governed by the law as

1-47     it existed immediately before the effective date of this Act, and

1-48     that law is continued in effect for that purpose.

1-49           SECTION 3.  The importance of this legislation and the

1-50     crowded condition of the calendars in both houses create an

1-51     emergency and an imperative public necessity that the

1-52     constitutional rule requiring bills to be read on three several

1-53     days in each house be suspended, and this rule is hereby suspended.

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