Canales Bill Extends Barratry Ban To Social Media DMs

The text as introduced · 644 words

89R4812 AMF-F

By: Canales
H.B. No. 2733

A BILL TO BE ENTITLED

AN ACT

relating to the prosecution of the criminal offenses of prohibited

barratry and solicitation of professional employment.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 38.12(a) and (d), Penal Code, are

amended to read as follows:

(a) A person commits an offense if, with intent to obtain an

economic benefit the person:

(1) knowingly institutes a suit or claim that the

person has not been authorized to pursue;

(2) solicits employment, [ either ] in person , [ or ] by

telephone, through a direct message on a social media platform, or

by another electronic communication, for the person [ himself ] or

for another;

(3) pays, gives, or advances or offers to pay, give, or

advance to a prospective client money or anything of value to obtain

employment as a professional from the prospective client;

(4) pays or gives or offers to pay or give a person

money or anything of value to solicit employment;

(5) pays or gives or offers to pay or give a family

member of a prospective client money or anything of value to solicit

employment; or

(6) accepts or agrees to accept money or anything of

value to solicit employment.

(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, through a direct message on a social

media platform, or by another electronic communication 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) concerns a lawsuit of any kind, including 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) is provided or permitted to be provided 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) involves coercion, duress, fraud,

overreaching, harassment, intimidation, or undue influence; or

(F) contains a false, fraudulent, misleading,

deceptive, or unfair statement or claim.

SECTION 2. The changes in law made by this Act apply only to

an offense committed on or after the effective date of this Act. An

offense committed before the effective date of this Act is governed

by the law in effect on the date the offense was committed, and the

former law is continued in effect for that purpose. For purposes of

this section, an offense was committed before the effective date of

this Act if any element of the offense was committed before that

date.

SECTION 3. This Act takes effect September 1, 2025.