Tex. Penal Code Section 38.12
Barratry and Solicitation of Professional Employment


(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, for 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.

(b)

A person commits an offense if the person:

(1)

knowingly finances the commission of an offense under Subsection (a);

(2)

invests funds the person knows or believes are intended to further the commission of an offense under Subsection (a); or

(3)

is a professional who knowingly accepts employment within the scope of the person’s license, registration, or certification that results from the solicitation of employment in violation of Subsection (a).

(c)

It is an exception to prosecution under Subsection (a) or (b) that the person’s conduct is authorized by the Texas Disciplinary Rules of Professional Conduct or any rule of court.

(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)

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.

(e)

For purposes of Subsection (d)(2)(D), a 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.

(f)

An offense under Subsection (a) or (b) is a felony of the third degree.

(g)

Except as provided by Subsection (h), an offense under Subsection (d) is a Class A misdemeanor.

(h)

An offense under Subsection (d) is a felony of the third degree if it is shown on the trial of the offense that the defendant has previously been convicted under Subsection (d).

(i)

Final conviction of felony barratry is a serious crime for all purposes and acts, specifically including the State Bar Rules and the Texas Rules of Disciplinary Procedure.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1989, 71st Leg., ch. 866, Sec. 2, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 723, Sec. 2, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 750, Sec. 2, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1252 (H.B. 148), Sec. 1, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 315 (H.B. 1711), Sec. 3, eff. September 1, 2013.

Source: Section 38.12 — Barratry and Solicitation of Professional Employment, https://statutes.­capitol.­texas.­gov/Docs/PE/htm/PE.­38.­htm#38.­12 (accessed Mar. 23, 2024).

38.01
Definitions
38.02
Failure to Identify
38.03
Resisting Arrest, Search, or Transportation
38.04
Evading Arrest or Detention
38.05
Hindering Apprehension or Prosecution
38.06
Escape
38.07
Permitting or Facilitating Escape
38.08
Effect of Unlawful Custody
38.09
Implements for Escape
38.10
Bail Jumping and Failure to Appear
38.11
Prohibited Substances and Items in Correctional or Civil Commitment Facility
38.12
Barratry and Solicitation of Professional Employment
38.13
Hindering Proceedings by Disorderly Conduct
38.14
Taking or Attempting to Take Weapon from Peace Officer, Federal Special Investigator, Employee or Official of Correctional Facility, Parole Officer, Community Supervision and Corrections Department Officer, or Commissioned Security Officer
38.15
Interference with Public Duties
38.16
Preventing Execution of Civil Process
38.17
Failure to Stop or Report Aggravated Sexual Assault of Child
38.18
Use of Collision Report Information and Other Information for Pecuniary Gain
38.19
Failure to Provide Notice and Report of Death of Resident of Institution
38.111
Improper Contact with Victim
38.112
Tampering with Electronic Monitoring Device
38.113
Unauthorized Absence from Community Corrections Facility, County Correctional Center, or Assignment Site
38.114
Contraband in Correctional Facility
38.115
Operation of Unmanned Aircraft over Correctional Facility or Detention Facility
38.122
Falsely Holding Oneself out as a Lawyer
38.123
Unauthorized Practice of Law
38.151
Interference with Police Service Animals
38.152
Interference with Radio Frequency Licensed to Government Entity
38.171
Failure to Report Felony
38.172
Failure to Report Assault, Neglect, or Omission of Care in Certain Group Homes

Accessed:
Mar. 23, 2024

§ 38.12’s source at texas​.gov