Bill Text: TX HB1711 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to barratry.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [HB1711 Detail]
Download: Texas-2013-HB1711-Enrolled.html
H.B. No. 1711 |
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relating to barratry. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 82.065(b), Government Code, is amended | ||
to read as follows: | ||
(b) Any contract for legal services is voidable by the | ||
client if it is procured as a result of conduct violating Section | ||
38.12(a) or (b), Penal Code, [ |
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of the Texas Disciplinary Rules of Professional Conduct of the | ||
State Bar of Texas, regarding barratry by attorneys or other | ||
persons. | ||
SECTION 2. Section 82.0651, Government Code, is amended by | ||
amending Subsections (a), (b), and (c) and adding Subsection (g) to | ||
read as follows: | ||
(a) A client may bring an action to void a contract for legal | ||
services that was procured as a result of conduct violating Section | ||
38.12(a) or (b), Penal Code, [ |
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of the Texas Disciplinary Rules of Professional Conduct of the | ||
State Bar of Texas, regarding barratry by attorneys or other | ||
persons, and to recover any amount that may be awarded under | ||
Subsection (b). A client who enters into a contract described by | ||
this subsection may bring an action to recover any amount that may | ||
be awarded under Subsection (b) even if the contract is voided | ||
voluntarily. | ||
(b) A client who prevails in an action under Subsection (a) | ||
shall recover from any person who committed barratry: | ||
(1) all fees and expenses paid to that person under the | ||
contract; | ||
(2) the balance of any fees and expenses paid to any | ||
other person under the contract, after deducting fees and expenses | ||
awarded based on a quantum meruit theory as provided by Section | ||
82.065(c); | ||
(3) actual damages caused by the prohibited conduct; | ||
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(4) a penalty in the amount of $10,000; and | ||
(5) reasonable and necessary attorney's fees. | ||
(c) A person who was solicited by conduct violating Section | ||
38.12(a) or (b), Penal Code, [ |
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of the Texas Disciplinary Rules of Professional Conduct of the | ||
State Bar of Texas, regarding barratry by attorneys or other | ||
persons, but who did not enter into a contract as a result of that | ||
conduct, may file a civil action against any person who committed | ||
barratry. | ||
(g) The expedited actions process created by Rule 169, Texas | ||
Rules of Civil Procedure, does not apply to an action under this | ||
section. | ||
SECTION 3. Sections 38.12(d) and (e), Penal Code, are | ||
amended to read as follows: | ||
(d) A person commits an offense if the person: | ||
(1) is an attorney, chiropractor, physician, surgeon, | ||
or private investigator licensed to practice in this state or any | ||
person licensed, certified, or registered by a health care | ||
regulatory agency of this state; and | ||
(2) with the intent to obtain professional employment | ||
for the person or for another, provides or knowingly permits to be | ||
provided to an individual who has not sought the person's | ||
employment, legal representation, advice, or care a written | ||
communication or a solicitation, including a solicitation in person | ||
or by telephone, that: | ||
(A) concerns an action for personal injury or | ||
wrongful death or otherwise relates to an accident or disaster | ||
involving the person to whom the communication or solicitation is | ||
provided or a relative of that person and that was provided before | ||
the 31st day after the date on which the accident or disaster | ||
occurred; | ||
(B) concerns a specific matter and relates to | ||
legal representation and the person knows or reasonably should know | ||
that the person to whom the communication or solicitation is | ||
directed is represented by a lawyer in the matter; | ||
(C) [ |
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an action for divorce, in which the person to whom the communication | ||
or solicitation is provided is a defendant or a relative of that | ||
person, unless the lawsuit in which the person is named as a | ||
defendant has been on file for more than 31 days before the date on | ||
which the communication or solicitation was provided; | ||
(D) [ |
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by a person who knows or reasonably should know that the injured | ||
person or relative of the injured person has indicated a desire not | ||
to be contacted by or receive communications or solicitations | ||
concerning employment; | ||
(E) [ |
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overreaching, harassment, intimidation, or undue influence; or | ||
(F) [ |
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misleading, deceptive, or unfair statement or claim. | ||
(e) For purposes of Subsection (d)(2)(D) [ |
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desire not to be contacted is presumed if an accident report | ||
reflects that such an indication has been made by an injured person | ||
or that person's relative. | ||
SECTION 4. (a) Section 82.065(b), Government Code, as | ||
amended by this Act, applies only to a contract procured as a result | ||
of conduct described by that subsection, as amended by this Act, | ||
occurring on or after the effective date of this Act. A contract | ||
procured as a result of conduct occurring before the effective date | ||
of this Act is governed by the law applicable to the contract | ||
immediately before the effective date of this Act, and that law is | ||
continued in effect for that purpose. | ||
(b) Except as provided by this section, Section 82.0651, | ||
Government Code, as amended by this Act, applies only to an action | ||
concerning a contract procured as a result of conduct described by | ||
Section 82.0651(a), Government Code, as amended by this Act, that | ||
occurs on or after the effective date of this Act. An action | ||
concerning a contract procured as a result of conduct that occurred | ||
before the effective date of this Act is governed by the law | ||
applicable to the contract immediately before the effective date of | ||
this Act, and that law is continued in effect for that purpose. | ||
(c) Section 82.0651(g), Government Code, as added by this | ||
Act, applies to an action: | ||
(1) commenced on or after the effective date of this | ||
Act; or | ||
(2) pending on the effective date of this Act and in | ||
which the trial, or any new trial or retrial following motion, | ||
appeal, or otherwise, begins on or after the effective date of this | ||
Act. | ||
SECTION 5. This Act takes effect September 1, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1711 was passed by the House on April | ||
11, 2013, by the following vote: Yeas 140, Nays 4, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 1711 on May 16, 2013, by the following vote: Yeas 141, Nays 0, | ||
2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1711 was passed by the Senate, with | ||
amendments, on May 15, 2013, by the following vote: Yeas 31, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |