Texas House Bill HB1739

Texas 2017 - 85th Regular

Caption

Relating to the concurrent jurisdiction of the attorney general to prosecute the offense of barratry and solicitation of professional employment.

Impact

The introduction of concurrent jurisdiction aims to streamline the prosecution process for these offenses by allowing state-level prosecution in addition to local efforts. The intent behind this is to provide additional resources and oversight in combating barratry, which is often challenging for local prosecutors to address effectively on their own. By enabling the Attorney General's office to step in where needed, the bill strives to ensure accountability and deter such illegal practices across the state.

Summary

House Bill 1739 amends Section 38.12 of the Penal Code, granting the Texas Attorney General concurrent jurisdiction alongside local county or district attorneys to prosecute offenses related to barratry and solicitation of professional employment. This legislative change is intended to enhance the enforcement of laws against unethical practices in the legal profession, specifically addressing misconduct linked to solicitation and barratry, which can undermine the integrity of legal services.

Contention

While the bill may enhance legal enforcement against barratry and solicitation, there may be concerns regarding the potential for conflicts between state and local jurisdictions. Local prosecutors might worry about being overridden or bypassed by state-level actions, which could impact their authority and relationship with the communities they serve. Additionally, there may be discussions surrounding the adequacy of existing laws and whether concurrent jurisdiction is necessary or effectively addresses the root issues of barratry.