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A BILL TO BE ENTITLED
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AN ACT
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relating to the offense of barratry and solicitation of |
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professional employment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 4102.151, Insurance Code, is amended to |
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read as follows: |
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Sec. 4102.151. SOLICITATION PROHIBITED [DURING NATURAL
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DISASTER]. A license holder may not solicit or attempt to solicit a |
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client for employment [during the progress of a loss-producing
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natural disaster occurrence]. |
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SECTION 2. Section 4102.152, Insurance Code, is repealed. |
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SECTION 3. Section 38.12(d), Penal Code, is amended to read |
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as follows: |
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(d) A person commits an offense if the person: |
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(1) is an attorney, chiropractor, physician, surgeon, |
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[or] private investigator, or public insurance adjuster licensed to |
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practice in this state, or any person licensed, certified, or |
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registered by a health care regulatory agency of this state, or any |
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vendor or agent for or representative of an insurance company |
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authorized to engage in the business of automobile or other |
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property and casualty insurance in this state who discusses the |
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settlement or evaluation of a casualty claim or the casualty |
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portion of a claim; and |
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(2) with the intent to obtain professional employment |
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for the person or for another, provides or knowingly permits to be |
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provided to an individual who has not sought the person's |
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employment, legal representation, advice, or care a written |
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communication or a solicitation, including a solicitation in person |
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or by telephone, that: |
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(A) concerns an action for personal injury or |
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wrongful death or otherwise relates to an accident or disaster |
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involving the person to whom the communication or solicitation is |
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provided or a relative of that person and that was provided before |
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the 31st day after the date on which the accident or disaster |
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occurred; |
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(B) concerns a specific matter and relates to legal |
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representation and the person knows or reasonably should know that |
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the person to whom the communication or solicitation is directed is |
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represented by a lawyer in the matter; |
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(C) concerns a lawsuit of any kind, including an |
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action for divorce, in which the person to whom the communication or |
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solicitation is provided is a defendant or a relative of that |
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person, unless the lawsuit in which the person is named as a |
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defendant has been on file for more than 31 days before the date on |
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which the communication or solicitation was provided; |
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(D) is provided or permitted to be provided by a |
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person who knows or reasonably should know that the injured person |
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or relative of the injured person has indicated a desire not to be |
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contacted by or receive communications or solicitations concerning |
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employment; |
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(E) involves coercion, duress, fraud, overreaching, |
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harassment, intimidation, or undue influence; or |
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(F) contains a false, fraudulent, misleading, |
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deceptive, or unfair statement or claim. |
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SECTION 4. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect at the time the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the of |
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fense occurred |
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before that date. |
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SECTION 5. This Act takes effect September 1, 2015. |