|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to certain solicitations of professional employment for |
|
the provision of legal services; creating an offense. |
|
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 Subsections (g) and (h) to read as |
|
follows: |
|
(d-1) A person commits an offense if: |
|
(1) 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 |
|
the provision of legal services involving the solicited person; and |
|
(2) the person obtained the information used to make |
|
the solicitation described by Subdivision (1) from personal |
|
information contained in a citation for a violation of Subtitle C, |
|
Title 7, Transportation code, issued to the solicited person. |
|
(g) Except as provided by Subsection (h), an offense under |
|
Subsection (d) or (d-1) is a Class A misdemeanor. |
|
(h) An offense under Subsection (d) or (d-1) 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 either Subsection (d) |
|
or (d-1). |
|
SECTION 2. Section 38.12(d-1), Penal Code, as added 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 that law is continued in effect for that purpose. |
|
For purposes of this section, an offense is committed before the |
|
effective date of this Act if any element of the offense occurs |
|
before that date. |
|
SECTION 3. This Act takes effect September 1, 2013. |