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By: Smith of Tarrant H.B. No. 3194
A BILL TO BE ENTITLED
AN ACT
relating to third-party civil liability for certain persons
entering into building or construction contracts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 38.12 of the Penal Code is amended to
read as follows:
(a) A person commits an offense if, with intent to obtain an
economic benefit the person:
(1) knowingly institutes a suit or claim that the
person has not been authorized to pursue;
(2) solicits employment, either in person or by
telephone, for himself or for another;
(3) pays, gives, or advances or offers to pay, give, or
advance to a prospective client money or anything of value to obtain
employment as a professional from the prospective client;
(4) pays or gives or offers to pay or give a person
money or anything of value to solicit employment;
(5) pays or gives or offers to pay or give a family
member of a prospective client money or anything of value to solicit
employment; or
(6) accepts or agrees to accept money or anything of
value to solicit employment.
(b) A person commits an offense if the person:
(1) knowingly finances the commission of an offense
under Subsection (a);
(2) invests funds the person knows or believes are
intended to further the commission of an offense under Subsection
(a); or
(3) is a professional who knowingly accepts employment
within the scope of the person's license, registration, or
certification that results from the solicitation of employment in
violation of Subsection (a).
(c) It is an exception to prosecution under Subsection (a)
or (b) that the person's conduct is authorized by the Texas
Disciplinary Rules of Professional Conduct or any rule of court.
(d) A person commits an offense if the person:
(1) is an attorney, chiropractor, physician, surgeon,
or private investigator licensed to practice in this state or any
person licensed, certified, or registered by a health care
regulatory agency of this state;
(2) with the intent to obtain professional employment
for himself or for another, sends or knowingly permits to be sent to
an individual who has not sought the person's employment, legal
representation, advice, or care a written communication that:
(A) concerns an action for personal injury or
wrongful death or otherwise relates to an accident or disaster
involving the person to whom the communication is addressed or a
relative of that person and that was mailed before the 31st day
after the date on which the accident or disaster occurred;
(B) concerns a specific matter and relates to
legal representation and the person knows or reasonably should know
that the person to whom the communication is directed is
represented by a lawyer in the matter;
(C) concerns an arrest of or issuance of a
summons to the person to whom the communication is addressed or a
relative of that person and that was mailed before the 31st day
after the date on which the arrest or issuance of the summons
occurred;
(D) concerns a lawsuit of any kind, including an
action for divorce, in which the person to whom the communication is
addressed is a defendant or a relative of that person, unless the
lawsuit in which the person is named as a defendant has been on file
for more than 31 days before the date on which the communication was
mailed;
(E) is sent or permitted to be sent by a person
who knows or reasonably should know that the injured person or
relative of the injured person has indicated a desire not to be
contacted by or receive communications concerning employment;
(F) involves coercion, duress, fraud,
overreaching, harassment, intimidation, or undue influence; or
(G) contains a false, fraudulent, misleading,
deceptive, or unfair statement or claim.
(e) A person commits an offense if the person is a
chiropractor, physician, surgeon or private investigator licensed
to practice in this state, or any person licensed, certified, or
registered by a health care regulatory agency of this state, and,
with the intent to obtain professional employment for himself or
another, solicits or causes to be solicited employment, either in
person or by telephone, in connection with a personal injury
sustained in an accident or disaster involving the person
solicited, or a relative of that person, before the 31st day after
the date on which the accident or disaster occurred;
(f)[(e)] For purposes of Subsection (d)(2)(E), a desire not
to be contacted is presumed if an accident report reflects that such
an indication has been made by an injured person or that person's
relative.
(g)[(f)] An offense under Subsection (a) or (b) is a felony
of the third degree.
(h)[(g)] Except as provided by Subsection (i), an offense
under Subsection (d) is a Class A misdemeanor.
(i)[(h)] An offense under Subsection (d) is a felony of the
third degree if it is shown on the trial of the offense that the
defendant has previously been convicted under Subsection (d).
(j)[(i)] Final conviction of felony barratry is a serious
crime for all purposes and acts, specifically including the State
Bar Rules and the Texas Rules of Disciplinary Procedure.
SECTION 2. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
covered by the law in effect when the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense was committed before that
date.
SECTION 3. This Act takes effect September 1, 2005.