HB2733 - Relating to the prosecution of the criminal offenses of prohibited barratry and solicitation of professional employment.

      H.B. No. 2733         AN ACT   relating to the prosecution of the criminal offenses of prohibited   barratry and solicitation of professional employment.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 38.12(a) and (d), Penal Code, are   amended to read as follows:          (a)  A person commits an offense if, with intent to obtain an   economic benefit the person:                (1)  knowingly institutes a suit or claim that the   person has not been authorized to pursue;                (2)  solicits employment, [ either ] in person , [ or ] by   telephone, 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   [ himself ] or for another;                (3)  pays, gives, or advances or offers to pay, give, or   advance to a prospective client money or anything of value to obtain   employment as a professional from the prospective client;                (4)  pays or gives or offers to pay or give a person   money or anything of value to solicit employment;                (5)  pays or gives or offers to pay or give a family   member of a prospective client money or anything of value to solicit   employment; or                (6)  accepts or agrees to accept money or anything of   value to solicit employment.          (d)  A person commits an offense if the person:                (1)  is an attorney, chiropractor, physician, surgeon,   or private investigator licensed to practice in this state or any   person licensed, certified, or registered by a health care   regulatory agency of this state; and                (2)  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 in   person , [ or ] by telephone, through a direct message on a social   media platform, or by another electronic communication that:                      (A)  concerns an action for personal injury or   wrongful death or otherwise relates to an accident or disaster   involving the person to whom the communication or solicitation is   provided or a relative of that person and that was provided before   the 31st day after the date on which the accident or disaster   occurred;                      (B)  concerns a specific matter and relates to   legal representation and the person knows or reasonably should know   that the person to whom the communication or solicitation is   directed is represented by a lawyer in the matter;                      (C)  concerns a lawsuit of any kind, including an   action for divorce, in which the person to whom the communication or   solicitation is provided is a defendant or a relative of that   person, unless the lawsuit in which the person is named as a   defendant has been on file for more than 31 days before the date on   which the communication or solicitation was provided;                      (D)  is provided or permitted to be provided by a   person who knows or reasonably should know that the injured person   or relative of the injured person has indicated a desire not to be   contacted by or receive communications or solicitations concerning   employment;                      (E)  involves coercion, duress, fraud,   overreaching, harassment, intimidation, or undue influence; or                      (F)  contains a false, fraudulent, misleading,   deceptive, or unfair statement or claim.          SECTION 2.  The changes in law made by this Act apply 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 governed   by the law in effect on the date the offense was committed, and the   former law is continued in effect for that purpose. For purposes of   this section, an offense was committed before the effective date of   this Act if any element of the offense was committed before that   date.          SECTION 3.  This Act takes effect September 1, 2025.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 2733 was passed by the House on April   23, 2025, by the following vote:  Yeas 148, Nays 0, 2 present, not   voting; and that the House concurred in Senate amendments to H.B.   No. 2733 on May 23, 2025, by the following vote:  Yeas 131, Nays 6,   1 present, not voting.     ______________________________   Chief Clerk of the House               I certify that H.B. No. 2733 was passed by the Senate, with   amendments, on May 20, 2025, by the following vote:  Yeas 31, Nays   0.     ______________________________   Secretary of the Senate      APPROVED: __________________                   Date                       __________________                 Governor