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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the criminal offense of barratry by a |
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public insurance adjuster. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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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public insurance adjuster, as defined by Section 4102.001, |
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Insurance Code, or private investigator licensed to practice in |
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this state or any person licensed, certified, or registered by a |
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health care regulatory agency of this state; 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 |
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legal representation and the person knows or reasonably should know |
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that the person to whom the communication or solicitation is |
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directed is 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, |
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overreaching, 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; or |
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(G) concerns a property damage insurance claim |
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and any such communication is made by a licensed public insurance |
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adjuster for any purpose other than: |
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(i) directly rendering the services of a |
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public insurance adjuster consistent with Section 4102.001, |
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Insurance Code; or |
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(ii) directly rendering the services of a |
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public insurance adjuster consistent with Section 4102.001, |
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Insurance Code, by another licensed public insurance adjuster |
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within the same business entity licensed under Sec. 4102.055, |
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Insurance Code. |
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SECTION 2. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect when the offense was committed, and the former |
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law is continued in effect for that purpose. |
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For purposes of this |
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section, an offense was committed before the effective date of this |
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Act if any element of the offense occurred before that date. |
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SECTION 3. This Act takes effect September 1, 2015. |