BILL ANALYSIS

Senate Research Center	C.S.H.B. 2733
89R28988 AMF-F	By: Canales (Parker)
	Jurisprudence
	5/13/2025
	Committee Report (Substituted)

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Under current statutes, an individual can be charged with an offense of barratry if they solicit employment in person or by telephone for themselves or on behalf of someone else, with the purpose of gaining financial benefit. Existing law does not mention digital communication platforms, social media, or artificial intelligence, even though these tools are now commonplace in most Texans' daily lives. Illegal solicitation of professional services has increasingly shifted to digital channels such as direct messages on a social media platform.�

H.B. 2733 clarifies that illegal solicitation of professional services through digital communication tools is classified as barratry and, therefore, a criminal offense. This bill would bring the Texas Penal Code in line with the State Bar of Texas's Code of Disciplinary Procedure, which has been revised to include digital forms of communication in its barratry provisions. This bill provides an additional resource to protect Texans from those who would exploit them or misuse legal processes through unauthorized solicitation.  

(Original Author's/Sponsor's Statement of Intent)

C.S.H.B. 2733 amends current law relating to the prosecution of the criminal offenses of prohibited barratry and solicitation of professional employment.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 38.12(a) and (d), Penal Code, as follows:

(a) Provides that a person commits an offense if, with intent to obtain an economic benefit the person performs certain actions, including soliciting employment by certain means, including through a direct message on a social media platform, or by another electronic communication, including through a false, misleading, or deceptive electronic communication, for the person or for another. Makes nonsubstantive changes.

(d) Provides that a person commits an offense if the person performs certain actions, including, with the intent to obtain professional employment for the person or for another, provides or knowingly permits to be provided to an individual who has not sought the person's employment, legal representation, advice, or care, a written communication or a solicitation, including a solicitation by certain means, including through a direct message on a social media platform or by another electronic communication, that concerns certain matters. Makes nonsubstantive changes.

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 2025.