1-1 By: Duncan S.B. No. 1172
1-2 (In the Senate - Filed March 11, 1997; March 17, 1997, read
1-3 first time and referred to Committee on Jurisprudence;
1-4 May 13, 1997, reported favorably by the following vote: Yeas 7,
1-5 Nays 0; May 13, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the offense of barratry.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Section 38.01, Penal Code, is amended by amending
1-11 Subdivision (11) and adding Subdivision (12) to read as follows:
1-12 (11) "Solicit employment" means to communicate in
1-13 person or by telephone [or written communication] with a
1-14 prospective client or a member of the prospective client's family
1-15 concerning professional employment within the scope of a
1-16 professional's license, registration, or certification [legal
1-17 representation] arising out of a particular occurrence or event, or
1-18 series of occurrences or events, or concerning an existing [legal]
1-19 problem of the prospective client within the scope of the
1-20 professional's license, registration, or certification, for the
1-21 purpose of providing professional services [legal representation]
1-22 to the prospective client, when neither the person receiving the
1-23 communication nor anyone acting on that person's behalf has
1-24 requested the communication. The term does not include a
1-25 communication initiated by a family member of the person receiving
1-26 a communication, a communication by a professional [an attorney]
1-27 who has a prior or existing professional-client [attorney-client]
1-28 relationship with the person receiving the communication, or
1-29 communication by an attorney for a qualified nonprofit organization
1-30 with the organization's members for the purpose of educating the
1-31 organization's members to understand the law, to recognize legal
1-32 problems, to make intelligent selection of legal counsel, or to use
1-33 available legal services. The term does not include an
1-34 advertisement by a professional [an attorney] through public media.
1-35 (12) "Professional" means an attorney, chiropractor,
1-36 physician, surgeon, private investigator, or any other person
1-37 licensed, certified, or registered by a state agency that regulates
1-38 a health care profession.
1-39 SECTION 2. Section 38.12, Penal Code, is amended by amending
1-40 the section heading and Subsections (a) and (b) to read as follows:
1-41 Sec. 38.12. BARRATRY AND SOLICITATION OF PROFESSIONAL
1-42 EMPLOYMENT. (a) A person commits an offense if, with intent to
1-43 obtain an economic benefit the person:
1-44 (1) knowingly institutes a suit or claim that the
1-45 person has not been authorized to pursue;
1-46 (2) solicits employment, either in person or by
1-47 telephone, for himself or for another;
1-48 (3) pays, gives, or advances or offers to pay, give,
1-49 or advance to a prospective client money or anything of value to
1-50 obtain employment as a professional [legal representation] from the
1-51 prospective client;
1-52 (4) pays or gives or offers to pay or give a person
1-53 money or anything of value to solicit employment;
1-54 (5) pays or gives or offers to pay or give a family
1-55 member of a prospective client money or anything of value to
1-56 solicit employment; or
1-57 (6) accepts or agrees to accept money or anything of
1-58 value to solicit employment.
1-59 (b) A person commits an offense if the person:
1-60 (1) [is an attorney, chiropractor, physician, surgeon,
1-61 or private investigator licensed to practice in this state or any
1-62 person licensed, certified, or registered by a health care
1-63 regulatory agency of this state; and]
1-64 [(2)] knowingly[:]
2-1 [(A)] finances [or invests funds the person
2-2 knows or believes are intended to further] the commission of an
2-3 offense under Subsection (a);
2-4 (2) invests funds the person knows or believes are
2-5 intended to further the commission of an offense under Subsection
2-6 (a); or
2-7 (3) is a professional who knowingly [(B)] accepts
2-8 employment within the scope of the person's license, registration,
2-9 or certification that results from the solicitation of employment
2-10 in violation of Subsection (a).
2-11 SECTION 3. Subsection (b), Section 550.064, Transportation
2-12 Code, is amended to read as follows:
2-13 (b) An accident report form prepared by the department must:
2-14 (1) require sufficiently detailed information to
2-15 disclose the cause and conditions of and the persons and vehicles
2-16 involved in an accident if the form is for the report to be made by
2-17 a person involved in or investigating the accident;
2-18 (2) include a way to designate and identify a peace
2-19 officer, firefighter, or emergency medical services employee who
2-20 during an emergency is involved in an accident while driving a law
2-21 enforcement vehicle, fire department vehicle, or emergency medical
2-22 services vehicle while performing the person's duties;
2-23 (3) require a statement by a person described by
2-24 Subdivision (2) as to the nature of the emergency; and
2-25 (4) include a way to designate whether an individual
2-26 involved in an accident wants to be contacted by a person seeking
2-27 to obtain employment as a professional described by Section
2-28 38.01(12) [38.12(b)], Penal Code.
2-29 SECTION 4. This Act takes effect September 1, 1997.
2-30 SECTION 5. (a) The change in law made by this Act applies
2-31 only to an offense committed on or after the effective date of this
2-32 Act. For the purposes of this section, an offense is committed
2-33 before the effective date of this Act if any element of the offense
2-34 occurs before that date.
2-35 (b) An offense committed before the effective date of this
2-36 Act is covered by the law in effect when the offense was committed,
2-37 and the former law is continued in effect for that purpose.
2-38 SECTION 6. The importance of this legislation and the
2-39 crowded condition of the calendars in both houses create an
2-40 emergency and an imperative public necessity that the
2-41 constitutional rule requiring bills to be read on three several
2-42 days in each house be suspended, and this rule is hereby suspended.
2-43 * * * * *