By Duncan S.B. No. 1172
75R6231 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 other person
2-7 licensed, certified, or registered by a state agency that regulates
2-8 a health care profession.
2-9 SECTION 2. Section 38.12, Penal Code, is amended by amending
2-10 the section heading and Subsections (a) and (b) to read as follows:
2-11 Sec. 38.12. BARRATRY AND SOLICITATION OF PROFESSIONAL
2-12 EMPLOYMENT. (a) A person commits an offense if, with intent to
2-13 obtain an economic benefit the person:
2-14 (1) knowingly institutes a suit or claim that the
2-15 person has not been authorized to pursue;
2-16 (2) solicits employment, either in person or by
2-17 telephone, for himself or for another;
2-18 (3) pays, gives, or advances or offers to pay, give,
2-19 or advance to a prospective client money or anything of value to
2-20 obtain employment as a professional [legal representation] from the
2-21 prospective client;
2-22 (4) pays or gives or offers to pay or give a person
2-23 money or anything of value to solicit employment;
2-24 (5) pays or gives or offers to pay or give a family
2-25 member of a prospective client money or anything of value to
2-26 solicit employment; or
2-27 (6) accepts or agrees to accept money or anything of
3-1 value to solicit employment.
3-2 (b) A person commits an offense if the person:
3-3 (1) [is an attorney, chiropractor, physician, surgeon,
3-4 or private investigator licensed to practice in this state or any
3-5 person licensed, certified, or registered by a health care
3-6 regulatory agency of this state; and]
3-7 [(2)] knowingly[:]
3-8 [(A)] finances [or invests funds the person
3-9 knows or believes are intended to further] the commission of an
3-10 offense under Subsection (a);
3-11 (2) invests funds the person knows or believes are
3-12 intended to further the commission of an offense under Subsection
3-13 (a); or
3-14 (3) is a professional who knowingly [(B)] accepts
3-15 employment within the scope of the person's license, registration,
3-16 or certification that results from the solicitation of employment
3-17 in violation of Subsection (a).
3-18 SECTION 3. Section 550.064(b), Transportation Code, is
3-19 amended to read as follows:
3-20 (b) An accident report form prepared by the department must:
3-21 (1) require sufficiently detailed information to
3-22 disclose the cause and conditions of and the persons and vehicles
3-23 involved in an accident if the form is for the report to be made by
3-24 a person involved in or investigating the accident;
3-25 (2) include a way to designate and identify a peace
3-26 officer, firefighter, or emergency medical services employee who
3-27 during an emergency is involved in an accident while driving a law
4-1 enforcement vehicle, fire department vehicle, or emergency medical
4-2 services vehicle while performing the person's duties;
4-3 (3) require a statement by a person described by
4-4 Subdivision (2) as to the nature of the emergency; and
4-5 (4) include a way to designate whether an individual
4-6 involved in an accident wants to be contacted by a person seeking
4-7 to obtain employment as a professional described by Section
4-8 38.01(12) [38.12(b)], Penal Code.
4-9 SECTION 4. This Act takes effect September 1, 1997.
4-10 SECTION 5. (a) The change in law made by this Act applies
4-11 only to an offense committed on or after the effective date of this
4-12 Act. For the purposes of this section, an offense is committed
4-13 before the effective date of this Act if any element of the offense
4-14 occurs before that date.
4-15 (b) An offense committed before the effective date of this
4-16 Act is covered by the law in effect when the offense was committed,
4-17 and the former law is continued in effect for that purpose.
4-18 SECTION 6. The importance of this legislation and the
4-19 crowded condition of the calendars in both houses create an
4-20 emergency and an imperative public necessity that the
4-21 constitutional rule requiring bills to be read on three several
4-22 days in each house be suspended, and this rule is hereby suspended.