The following is a collection of news and notes from your State Capitol involving issues that affect House District 32.
BARRATRY BILL SIGNED IN TO LAW
Barratry is commonly known as the persistent incitement to litigation, typically by soliciting potential legal clients. It is also known as ambulance chasing. Under Section 38.12, Penal Code the practice of “case running” is generally defined as the illegal solicitation of professional employment. The act of barratry is also barred by the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas; this however has not prevented individuals from seeking ways to get around the prohibition of barratry in the state. As Chairman of the Judiciary and Civil Jurisprudence Committee during the 81st Legislature, I held an interim study about barratry. As a result of this study and the input of local attorneys wishing to put an end to this practice, Governor Rick Perry recently signed Senate Bill (SB) 1716 in to law.
SB 1716 adds a cause of action for a client who has been unlawfully solicited to void the contract and recover any actual damages and any fees and expenses paid. The bill allows a potential client to recover a civil penalty of $10,000 from any person who committed barratry but did not succeed in getting the potential client to sign a contract. The intent is to stop individuals from the practice of “case running” by adding civil enforcement provisions against the act of barratry.
GOVERNOR PERRY ADDS NEW ITEMS TO THE CALL
Three new items were added to the call for the first called special session of the 82ND Legislatures on June 7th by Governor Rick Perry. The three new agenda items are:
• Legislation regarding the abolishment of Sanctuary cities. These are cities which local law enforcement have been ordered to not inquire in regards to an individual’s legal status.
• Legislation relating to the use of the federal Secure Communities program.
• Legislation addressing the issuance of driver’s licenses and personal identification certificates.
82ND FIRST CALLED SPECIAL SESSION REACHES THE MIDWAY POINT
On May 30th, Governor Rick Perry called a Special Session of the 82nd Legislature which began promptly the following day on May 31st. Since the start of the first called special session of the 82nd Legislature, the Texas Legislature has been working steadily on the agenda established by the Governor.
To-date, the Texas House has passed out legislation addressing healthcare cost containment, access to services through managed care, and the creation of economic and structural incentives to improve the quality of Medicaid services in the State of Texas. In addition, the House has passed legislation addressing fiscal matters which are necessary for House Bill No. 1 as passed by the 82nd Legislature (biennial budget), Regular Session. Also, to be considered in special session are measures that will allow school districts to operate more efficiently. Each of these items are important to balancing the state’s budget.
Still on the table to be handled by the House are the following agenda items:
• Legislation relating to Congressional Redistricting;
• Legislation pertaining to the operations of the Texas Windstorm Insurance Association; and
• The newly added items of legislation relating to the abolishment of sanctuary cities, the use of the federal Secure Communities program by law enforcement agencies, and the issuance of driver’s licenses and personal identification certificates.
The Governor and legislature will continue to work throughout the special session to accomplish passing the agenda items set by the Governor. I invite you to follow the governor’s action or see the bills that are before him awaiting a signature.
If you have questions regarding any of the information mentioned in this article, please do not hesitate to call my Capitol or District Office. As always, my offices are available at any time to assist with questions, concerns or comments (Capitol Office, 512-463-0672; District Office, 361-949-4603).
