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.

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