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. 1-54 * * * * *