Texas 2009 - 81st Regular

Texas House Bill HB148

Filed
11/10/08  
Out of House Committee
4/27/09  
Voted on by House
5/17/09  
Out of Senate Committee
5/23/09  
Voted on by Senate
5/26/09  
Governor Action
6/19/09  
Bill Becomes Law
 
Report Pass
5/23/09  
Enrolled
6/1/09  

Caption

Relating to the prosecution of the offense of barratry and solicitation of professional employment.

Impact

The impact of HB 148 is significant, as it clarifies and expands the legal definition of barratry to encompass specific solicitation actions taken within a defined time frame following an accident or disaster. It establishes that soliciting employment for oneself or others within 31 days post-event will constitute an offense. This measure is intended to protect the public from aggressive and potentially unethical solicitations by professionals who might exploit vulnerable individuals immediately after traumatic incidents.

Summary

House Bill 148 addresses the offenses of barratry and solicitation of professional employment, specifically targeting certain solicitations made by licensed professionals, including chiropractors, physicians, surgeons, and private investigators. The bill amends Section 38.12 of the Penal Code by introducing a new subsection that defines the conditions under which these professionals can be penalized for soliciting employment related to personal injuries sustained in accidents or disasters. The bill aims to enhance regulatory measures around the solicitation practices of these professionals.

Contention

Although the bill primarily seeks to protect consumers, there may be contention regarding the implications on the practices of licensed professionals. Some may argue that the law could infringe on the legitimate right of professionals to seek clients and could create confusion around what constitutes acceptable solicitation practices. Additionally, concerns about the fairness in enforcement and the potential for overreach in policing solicitation behaviors may lead to debates among stakeholders, including healthcare professional associations and legal advocacy groups.

Companion Bills

No companion bills found.

Previously Filed As

TX SB1527

Relating to human trafficking, including the prosecution and punishment of compelling and solicitation of prostitution and other sexual or assaultive offenses; increasing a criminal penalty; creating a criminal offense.

TX HB3451

Relating to human trafficking, including the prosecution and punishment of compelling and solicitation of prostitution and other sexual or assaultive offenses; increasing a criminal penalty; creating a criminal offense.

TX HB4560

Relating to ballots voted by mail and the prosecution of the offense of unlawful solicitation and distribution of an application to vote by mail.

TX HB241

Relating to early voting by mail by any qualified voter and to the repeal of certain criminal offenses concerning the solicitation and distribution of an application to vote by mail.

TX SB120

Relating to early voting by mail by any qualified voter and to the repeal of certain criminal offenses concerning the solicitation and distribution of an application to vote by mail.

TX HB502

Relating to early voting by mail by any qualified voter and to the repeal of certain criminal offenses concerning the solicitation and distribution of an application to vote by mail.

TX HB67

Relating to early voting by mail by any qualified voter and to the repeal of certain criminal offenses concerning the solicitation and distribution of an application to vote by mail.

TX HB1004

Relating to the prosecution of the offenses of trafficking of persons and compelling prostitution and to certain consequences of those offenses.

TX SB1179

Relating to sexually violent predators and the prosecution of certain offenses involving prohibited items at correctional or civil commitment facilities; creating a criminal offense.

TX HB248

Relating to solicitation of patients and other prohibited marketing practices and the establishment of the task force on patient solicitation; increasing criminal penalties.

Similar Bills

No similar bills found.