By: Smith of Tarrant, Pena (Senate Sponsor - Carona) H.B. No. 1519

(In the Senate - Received from the House April 26, 2007; May 1, 2007, read first time and referred to Committee on State Affairs; May 17, 2007, reported favorably by the following vote: Yeas 8, Nays 0; May 17, 2007, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to including within the offense of barratry and solicitation of professional employment certain solicitations made during certain periods.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 38.12, Penal Code, is amended by adding Subsection (d-1) and amending Subsection (g) to read as follows:

(d-1) A person commits an offense if:

(1) the person is a chiropractor, physician, surgeon, or private investigator licensed to practice in this state, or is licensed, certified, or registered by a health care regulatory agency of this state;

(2) the person, with the intent to obtain professional employment for the person or another person, solicits or causes to be solicited, in person or by telephone, employment that relates to a personal injury sustained in an accident or disaster involving the solicited person or a relative of that person; and

(3) the solicitation described by Subdivision (2) occurs before the 31st day after the date the accident or disaster occurred.

(g) Except as provided by Subsection (h), an offense under Subsection (d) or (d-1) is a Class A misdemeanor.

SECTION 2. This Act takes effect September 1, 2007.

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