| 1 | 1 | | H.B. No. 3515 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the creation of the offense of failure to report |
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| 6 | 6 | | barratry and solicitation of employment. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Chapter 38, Penal Code, is amended by adding |
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| 9 | 9 | | Section 38.121 to read as follows: |
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| 10 | 10 | | Sec. 38.121. FAILURE TO REPORT BARRATRY OR SOLICITATION OF |
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| 11 | 11 | | EMPLOYMENT. (a) A lawyer commits an offense if the lawyer, during |
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| 12 | 12 | | the course of representation of a client: |
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| 13 | 13 | | (1) acquires knowledge that would reasonably cause a |
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| 14 | 14 | | lawyer to believe that a person, other than a lawyer subject to the |
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| 15 | 15 | | Texas Disciplinary Rules of Professional Conduct, while acting on |
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| 16 | 16 | | behalf of a lawyer, has engaged in conduct that constitutes an |
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| 17 | 17 | | offense under Section 38.12; and |
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| 18 | 18 | | (2) fails to report the knowledge to the State Bar of |
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| 19 | 19 | | Texas not later than the 45th business day after the lawyer acquires |
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| 20 | 20 | | the knowledge. |
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| 21 | 21 | | (b) An offense under this section is a Class C misdemeanor. |
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| 22 | 22 | | SECTION 2. This Act takes effect immediately if it receives |
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| 23 | 23 | | a vote of two-thirds of all the members elected to each house, as |
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| 24 | 24 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 25 | 25 | | Act does not receive the vote necessary for immediate effect, this |
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| 26 | 26 | | Act takes effect September 1, 2009. |
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| 27 | 27 | | ______________________________ ______________________________ |
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| 28 | 28 | | President of the Senate Speaker of the House |
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| 29 | 29 | | I certify that H.B. No. 3515 was passed by the House on April |
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| 30 | 30 | | 28, 2009, by the following vote: Yeas 138, Nays 6, 3 present, not |
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| 31 | 31 | | voting; and that the House concurred in Senate amendments to H.B. |
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| 32 | 32 | | No. 3515 on May 25, 2009, by the following vote: Yeas 140, Nays 1, |
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| 33 | 33 | | 1 present, not voting. |
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| 34 | 34 | | ______________________________ |
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| 35 | 35 | | Chief Clerk of the House |
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| 36 | 36 | | I certify that H.B. No. 3515 was passed by the Senate, with |
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| 37 | 37 | | amendments, on May 21, 2009, by the following vote: Yeas 31, Nays |
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| 38 | 38 | | 0. |
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| 39 | 39 | | ______________________________ |
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| 40 | 40 | | Secretary of the Senate |
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| 41 | 41 | | APPROVED: __________________ |
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| 42 | 42 | | Date |
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| 43 | 43 | | __________________ |
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| 44 | 44 | | Governor |
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