Bill
HB 3322
85(R) - 2017
House State Affairs
House State Affairs
Business, Industry, & Commerce
Immigration
Lawyers
Vote Recommendation
No
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Neutral
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Neutral
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Neutral
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Negative
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Neutral
Author(s)
Ryan Guillen
Bill Caption
Relating to the use of certain words to imply that a person who is not an attorney is authorized to practice immigration law and the prosecution of a cause of action arising from that practice and educational requirements for a notary public appointment; authorizing a fee; affecting the prosecution of a criminal offense.
Fiscal Notes
From the LBB: No significant fiscal implication to the State is anticipated.
Bill Analysis
This bill would modify the part of the code pertaining to false, misleading, or deceptive acts or practices. If passed, using a foreign language translation of a title or other word, including “immigration consultant” or “immigration expert” by someone who is not an attorney would be punishable under this chapter. This bill would also add an educational course requirement for notary public. The secretary of state would be tasked with approving the course and establishing fees.
Vote Recommendation Notes
Adding those terms to the chapter related to deceptive trade practices is well intended, however it is overly broad. For example, someone could be an “immigration expert” as a policy analyst, and for that title and job they may or may not need a law degree. If this bill were to pass they could be punished under this chapter even though that is not the intention of this legislation, and even though they are not engaging in fraudulent advertising or services. While it may be necessary to stop fraudulent services related to immigration, the contents of this bill are overly broad and not clarifying enough, therefore we are opposed.
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