79R4972 MXM-F

By:  Taylor                                                       H.B. No. 3372



A BILL TO BE ENTITLED

AN ACT

relating to the solicitation of personal injury and other tort 
claims and the reporting of charges and convictions; providing 
criminal penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  The Civil Practice and Remedies Code is amended 
by adding Title 10 to read as follows:

TITLE 10.  ADDITIONAL MISCELLANEOUS PROVISIONS

CHAPTER 504.  SOLICITATION OF PERSONAL INJURY AND OTHER TORT 
CLAIMS; REPORTING REQUIREMENTS
	Sec. 504.001.  DEFINITIONS.  In this chapter:                           
		(1)  "Health care provider" means a person who provides 
services under a license, certificate, registration, or other 
authority issued by this state or another state to diagnose, 
prevent, alleviate, or cure a human illness or injury.  The term 
includes the owner or director of the provider.
		(2)  "Licensing entity" means a department, 
commission, board, office, authority, or other agency of the state 
or of a political subdivision that issues a license, certificate, 
registration, title, permit, or other authorization to engage in an 
occupation.
	Sec. 504.002.  FRAUD IN SOLICITATION PROHIBITED; OFFENSE.  
(a)  A person commits an offense if the person solicits or causes to 
be solicited business from a person involved in an accident for the 
purpose of making, adjusting, or settling a personal injury or 
other tort claim.
	(b)  An offense under this section is a felony of the third 
degree.   
	Sec. 504.003.  SOLICITATION FOR MOTOR VEHICLE PERSONAL 
INJURY AND OTHER TORT CLAIMS PROHIBITED; OFFENSE; DEFENSE OF 
ADVERTISING.  (a)  A person commits an offense if the person 
solicits or causes to be solicited business by any means of 
communication from a person involved in a motor vehicle accident 
for the purpose of making a personal injury or other tort claim if 
the solicitation occurs before the 61st day after the date of the 
accident.
	(b)  It is an exception to the application of this section 
that the means of communication was by advertising directed to the 
public.
	(c)  An offense under this section is a felony of the third 
degree.   
	Sec. 504.004.  SOLICITATION BY CERTAIN PERSONS FOR MOTOR 
VEHICLE PERSONAL INJURY AND OTHER TORT CLAIMS PROHIBITED; OFFENSE. 
(a)  This section applies only to:
		(1)  an attorney;                                                      
		(2)  a health care provider; or                                        
		(3)  a person acting on behalf of a person listed in 
Subdivision (1) or (2).
	(b)  A person commits an offense if the person solicits or 
causes to be solicited business in person or by electronic 
transmission or telephone from a person involved in a motor vehicle 
accident for the purpose of making a personal injury or other tort 
claim if the solicitation occurs before the 61st day after the date 
of the accident.
	(c)  An offense under this section is a felony of the third 
degree.   
	Sec. 504.005.  CHARGES FOR PROHIBITED SOLICITATION VOID.  A 
charge for a service that violates this chapter is void.
	Sec. 504.006.  DUTY OF PROSECUTORS AND LICENSED PERSONS TO 
REPORT INSURANCE FRAUD CHARGES AND CONVICTIONS TO LICENSING 
AGENCIES.  (a)  Not later than the 15th day after the date on which 
an attorney or health care provider is charged with or convicted of 
an offense under Chapter 35, Penal Code, the attorney representing 
the state in the prosecution shall notify the licensing entity that 
regulates the attorney or health care provider of the charge or 
conviction.
	(b)  Not later than the 15th day after the date on which an 
attorney or health care provider is subject to a charge, 
conviction, dismissal, or finding of not guilty of an offense under 
Chapter 35, Penal Code, the attorney or health care provider shall 
notify the licensing entity that regulates the attorney or health 
care provider of the charge, conviction, dismissal, or finding of 
not guilty.
	Sec. 504.007.  DUTY OF LICENSING ENTITIES TO CONDUCT 
ADMINISTRATIVE HEARINGS.  Not later than the 30th day after the date 
on which a licensing entity receives notice of a charge or 
conviction under Section 504.006, the licensing entity shall hold a 
hearing to consider taking disciplinary action against the license 
holder based on the charge or conviction described by the notice.
	SECTION 2.  This Act takes effect September 1, 2005.