By: Dunnam (Senate Sponsor - Carona) H.B. No. 3515
(In the Senate - Received from the House April 29, 2009;
May 4, 2009, read first time and referred to Committee on
Jurisprudence; May 18, 2009, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 5, Nays 0;
May 18, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 3515 By: Carona
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the offense of failure to report
barratry and solicitation of employment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 38, Penal Code, is amended by adding
Section 38.121 to read as follows:
Sec. 38.121. FAILURE TO REPORT BARRATRY OR SOLICITATION OF
EMPLOYMENT. (a) A lawyer commits an offense if the lawyer, during
the course of representation of a client:
(1) acquires knowledge that would reasonably cause a
lawyer to believe that a person, other than a lawyer subject to the
Texas Disciplinary Rules of Professional Conduct, while acting on
behalf of a lawyer, has engaged in conduct that constitutes an
offense under Section 38.12; and
(2) fails to report the knowledge to the State Bar of
Texas not later than the 45th business day after the lawyer acquires
the knowledge.
(b) An offense under this section is a Class C misdemeanor.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
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