Barratry

Bringing a frivolous lawsuit with the intent to harass? It's a Felony, in Texas

§ 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;
(2) with the intent to obtain professional employment
for himself or for another, sends or knowingly permits to be sent to
an individual who has not sought the person's employment, legal
representation, advice, or care a written 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 is addressed or a
relative of that person and that was mailed 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 is directed is
represented by a lawyer in the matter;
(C) concerns an arrest of or issuance of a
summons to the person to whom the communication is addressed or a
relative of that person and that was mailed before the 31st day
after the date on which the arrest or issuance of the summons
occurred;
(D) concerns a lawsuit of any kind, including an
action for divorce, in which the person to whom the communication is
addressed 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 was
mailed;
(E) is sent or permitted to be sent 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 concerning employment;
(F) involves coercion, duress, fraud,
overreaching, harassment, intimidation, or undue influence; or
(G) contains a false, fraudulent, misleading,
deceptive, or unfair statement or claim.
(e) For purposes of Subsection (d)(2)(E), 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, § 1, eff. Jan. 1, 1974.
Amended by Acts 1989, 71st Leg., ch. 866, § 2, eff. Sept. 1,
1989; Acts 1993, 73rd Leg., ch. 723, § 2, eff. Sept. 1, 1993;
Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts
1997, 75th Leg., ch. 750, § 2, eff. Sept. 1, 1997.

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