|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the creation of the offense of failure to report |
|
barratry and solicitation of employment. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Chapter 38, Penal Code, is amended by adding |
|
Section 38.121 to read as follows: |
|
Sec. 32.121. FAILURE TO REPORT BARRATRY OR SOLICITATION OF |
|
EMPLOYMENT. (a) A lawyer commits an offense if the lawyer, during |
|
the course of representation of a client: |
|
(1) acquires knowledge that would reasonably cause a |
|
lawyer to believe that another lawyer or another person has engaged |
|
in conduct that constitutes an offense under Section 38.12; and |
|
(2) fails to report the knowledge to the appropriate |
|
prosecuting attorney and the State Bar of Texas not later than the |
|
second business day after the lawyer acquires the knowledge. |
|
(b) An offense under this section is a Class C misdemeanor. |
|
SECTION 2. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2009. |