By Brimer H.B. No. 1775
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the unauthorized practice of law, providing penalties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 38.123, Penal Code, is amended to read as
1-5 follows:
1-6 (a) A person commits an offense if, with intent to obtain an
1-7 economic benefit for himself or herself, the person:
1-8 (1) contracts with any person to represent that person
1-9 with regard to personal causes of action or other legal matters
1-10 normally reserved to persons licensed to practice law in this
1-11 state, another state, or a foreign country [for property damages or
1-12 personal injury];
1-13 (2) advises any person as to the person's legal
1-14 rights, including rights relating to family law, immigration law,
1-15 tax law, tort law, and criminal law, and the advisability of making
1-16 any legal claims [for personal injuries or property damages];
1-17 (3) advises any person as to whether or not to accept
1-18 an offered sum of money in settlement of any legal claim[s for
1-19 personal injuries or property damages];
1-20 (4) enters into any contract with another person to
1-21 represent that person in any legal matter normally reserved to
1-22 persons licensed to practice law in this state, another state, or a
2-1 foreign country [personal injury or property damage matters] on a
2-2 contingent fee basis with an attempted assignment of a portion of
2-3 the person's cause of action; or
2-4 (5) enters into any contract with a third person which
2-5 purports to grant the exclusive right to select and retain legal
2-6 counsel to represent the individual in any legal proceeding.
2-7 (b) This section does not apply to a person currently
2-8 licensed to practice law in this state, another state, or a foreign
2-9 country and in good standing with the State Bar of Texas and the
2-10 state bar or licensing authority of any and all other states and
2-11 foreign countries where licensed.
2-12 (c) Except as provided by Subsection (d) of this section, an
2-13 offense under Subsection (a) of this section is a Class A
2-14 misdemeanor.
2-15 (d) An offense under Subsection (a) of this section is a
2-16 felony of the third degree if it is shown on the trial of the
2-17 offense that the defendant has previously been convicted under
2-18 Subsection (a) of this section.
2-19 SECTION 2. This Act takes effect September 1, 2001.