Relating to the prosecution of the criminal offenses of prohibited barratry and solicitation of professional employment.
HB 2733 revises Texas criminal law governing barratry and solicitation of professional employment. The bill expands the conduct that can constitute prohibited solicitation to include direct messages on social media and other electronic communications, including false, misleading, or deceptive electronic communications, in addition to in-person and telephone solicitation. It also broadens the list of prohibited inducements and arrangements tied to obtaining professional employment, including payments or offers of value to prospective clients, family members, or others for the purpose of securing work.
The bill also updates the special rules that apply to attorneys, chiropractors, physicians, surgeons, private investigators, and other licensed health-care-related professionals. It prohibits certain unsolicited communications about personal injury, wrongful death, divorce, represented matters, and other lawsuits, especially when the recipient has indicated a desire not to be contacted or when the communication uses coercion, fraud, harassment, intimidation, or misleading statements. The law applies only to offenses committed on or after September 1, 2025.
The bill amends Sections 38.12(a) and (d) of the Penal Code, expanding the scope of criminal liability for barratry and solicitation of professional employment. It affects attorneys and several categories of licensed professionals, including health care practitioners regulated by state agencies, by making electronic outreach and social-media-based solicitation expressly subject to the statute. The act applies prospectively only, preserving prior law for conduct occurring before the effective date.
The bill appears to have broad legislative support and little visible opposition. It passed the House overwhelmingly and advanced in the Senate with a favorable committee substitute and a 28-3 floor vote, suggesting general agreement with the goal of tightening restrictions on predatory or deceptive solicitation practices. The final House concurrence in Senate amendments also indicates the chambers ultimately aligned on the revised language.
The main policy issue is how far to extend criminal restrictions on professional solicitation into modern digital communications. Supporters appear to favor updating the law to address social media direct messages, electronic outreach, and deceptive online tactics that can target accident victims or represented parties. Potential concerns likely center on the breadth of the new prohibitions, especially the inclusion of electronic communications and the standards for what counts as misleading, unfair, coercive, or unsolicited contact, which could raise questions about enforcement and professional speech boundaries.