Bill
HB 2573
84(R) - 2015
House Judiciary & Civil Jurisprudence
House Judiciary & Civil Jurisprudence
Crimes
Criminal Procedure
Vote Recommendation
Yes
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Neutral
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Neutral
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Neutral
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Positive
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Neutral
Author(s)
Eric Johnson
Co-Author(s)
Ana Hernandez
Bill Caption
Relating to a deceptive trade practice related to the use of certain words to imply that a person who is not an attorney is authorized to practice law and the prosecution of a cause of action arising from that practice.
Fiscal Notes
There is no significant fiscal implication to the State.
Local Government
According to the provisions of the bill, a certain portion of the civil
penalty recovered would be paid to the county where the court is
located. There may be a positive fiscal impact to local governments;
however, fiscal impact will vary depending on the number of suits
brought and cannot be determined.
Bill Analysis
HB 2573 would amend the Business and Commerce Code to make using the terms 'attorney,' 'lawyer,' 'license,' 'notary,' and 'notary public' in written and electronic material in a way that implies that a person who is not an attorney is authorized to
practice law a violation of the Deceptive Trade Practices-Consumer
Protection Act. A district or county attorney would be able to prosecute this violation.
Vote Recommendation Notes
This bill affirms the principle of limited government by preventing people who are not lawyers and not licensed to practice law from passing themselves off as lawyers and providing legal counsel to unsuspecting clients. For this reason, we support HB 2573.
The second chamber sponsor is Senator Lucio.