By: Fletcher H.B. No. 3915
A BILL TO BE ENTITLED
AN ACT
relating to barratry.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 82.065, Government Code, is amended by
adding Subsection (c) to read as follows:
(c) If a client proves by a preponderance of the evidence in
a civil action that the client paid a fee to an attorney or other
person under a contingent fee contract that was procured as a result
of conduct described by the Texas Penal Code sections 38.12
(Barratry), 38.122 (Falsely Holding Oneself Out as a Lawyer), or
38.123 (Unauthorized Practice of Law), or as result of conduct
described as misconduct in Rule 8.04 of the Disciplinary Rules of
the State Bar of Texas, the client may recover from all persons and
attorneys involved in such procurement and from all attorneys
involved in representation of the client:
(1) all amounts paid to or received by the persons and
attorneys involved in such procurement and the attorneys involved
in representation of the client under the contingent fee contract;
(2) an additional two times the amounts paid to or
received by any such attorney or person if such attorney or person
knowingly procured the contract through conduct described by the
Texas Penal Code sections 38.12, 38.122, or 38.123, or by Rule 8.04
of the Disciplinary Rules of the State Bar of Texas;
(3) reasonable and necessary attorney fees and court
costs incurred by the client in the civil action; and
(4) prejudgment and post-judgment interest as
provided by law.
SECTION 2. The change in law made by this Act applies to a
contract executed under Section 82.065(a), Government Code after
the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2009.