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Texas barratry law, Penal Code §38.12: the statute text explained

The official text of the Texas barratry and solicitation law, Penal Code §38.12, and the civil barratry statute, Gov't Code §82.0651, explained in plain language. Text last checked October 27, 2026.

11 min readPublished October 27, 2026Last updated October 27, 2026Edited by Joseph Budzinski, CTO, InjuryClaimGuide

The short answer

Texas Penal Code §38.12 makes barratry and the solicitation of professional employment a crime. A person commits an offense if, "with intent to obtain an economic benefit", the person does any of the things §38.12(a) lists, such as soliciting employment "in person, by telephone, through a direct message on a social media platform, or by another electronic communication" (Penal Code §38.12). Section 38.12(d) separately makes it an offense for the licensed professionals it names, with the intent to obtain professional employment, to provide a written communication or solicitation about an action for personal injury or wrongful death, or an accident or disaster, to someone who has not sought their services, when the matter involves that person or a relative and the communication is provided before the 31st day after the accident or disaster occurred. Gov't Code §82.0651 lets a client bring an action to void a contract for legal services procured by barratry (Gov't Code §82.0651). An attorney can tell you how these rules apply to a specific situation.

This entry provides general informational guidance and is not legal advice.

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Key facts (as of 2026-10-27)

  • Six kinds of conduct. Section 38.12(a) lists six kinds of conduct done with intent to obtain an economic benefit, from knowingly instituting an unauthorized suit or claim to paying or accepting money to solicit employment (§38.12(a)).
  • Financing and accepting count too. Knowingly financing an offense under subsection (a), investing funds the person knows or believes are intended to further one, and a professional knowingly accepting employment within the scope of the professional's license, registration or certification that results from solicitation in violation of subsection (a) are offenses under §38.12(b).
  • A 30-day rule for licensed professionals. Under §38.12(d)(2)(A), it is an offense for a covered professional, with the intent to obtain professional employment, to provide or knowingly permit to be provided, to an individual who has not sought the professional's employment, representation, advice or care, a written communication or solicitation that concerns an action for personal injury or wrongful death, or otherwise relates to an accident or disaster, involving that individual or a relative, before the 31st day after the date on which the accident or disaster occurred (§38.12(d)).
  • Penalties. An offense under subsection (a) or (b) is a felony of the third degree. An offense under subsection (d) is a Class A misdemeanor, or a felony of the third degree if the defendant was previously convicted under subsection (d) (§38.12(f)-(h)).
  • Civil barratry. A contract for legal services procured by conduct violating §38.12(a) or (b), or Disciplinary Rule 7.03, is voidable by the client (Gov't Code §82.065(b)), and §82.0651 creates civil actions for clients and for people who were solicited (§82.0651).
  • Last amended in 2025. The history line for §38.12 lists Acts 2025, 89th Leg., R.S., ch. 419 (H.B. 2733), effective September 1, 2025, as its most recent amendment. That bill added the direct-message and other electronic-communication wording to §38.12(a)(2) and (d)(2), and its changes apply only to an offense committed on or after that date (H.B. 2733, §§1-2). The history line for §82.0651 lists Acts 2025, 89th Leg., R.S., ch. 1168 (H.B. 4325), effective September 1, 2025, which amended subsection (d) for an action filed on or after that date (H.B. 4325, §§1-2).

What does §38.12(a)-(c) say?

The official text of Tex. Penal Code §38.12(a)-(c), as published by the Texas Legislature, with one word omitted and marked in (3) to (6):

Sec. 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, in person, by telephone, through a direct message on a social media platform, or by another electronic communication, including through a false, misleading, or deceptive electronic communication, for the person or for another; (3) pays, gives, or advances or offers to pay, give, or advance to a prospective client money or anything of […] 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 […] to solicit employment; (5) pays or gives or offers to pay or give a family member of a prospective client money or anything of […] to solicit employment; or (6) accepts or agrees to accept money or anything of […] 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.

The "[…]" in (3) to (6) replaces the same single word each time: the last word of the statute's phrase for money or any other benefit. The full text is at the source link.

Source: Tex. Penal Code §38.12, statutes.capitol.texas.gov. Text last checked October 27, 2026.

What is the 30-day rule in §38.12(d)?

The official text of §38.12(d) and (e):

(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; and (2) with the intent to obtain professional employment for the person or for another, provides or knowingly permits to be provided to an individual who has not sought the person's employment, legal representation, advice, or care, a written communication or a solicitation, including a solicitation in person, by telephone, through a direct message on a social media platform, or by another electronic 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 or solicitation is provided or a relative of that person and that was provided 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 or solicitation is directed is represented by a lawyer in the matter; (C) concerns a lawsuit of any kind, including an action for divorce, in which the person to whom the communication or solicitation is provided 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 or solicitation was provided; (D) is provided or permitted to be provided 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 or solicitations concerning employment; (E) involves coercion, duress, fraud, overreaching, harassment, intimidation, or undue influence; or (F) contains a false, fraudulent, misleading, deceptive, or unfair statement or claim.

(e) For purposes of Subsection (d)(2)(D), 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.

Source: Tex. Penal Code §38.12.

What does it mean in plain language?

  • Who subsection (d) covers. Subsection (d) applies only to the professionals it names: Texas-licensed attorneys, chiropractors, physicians, surgeons and private investigators, and anyone licensed, certified or registered by a Texas health care regulatory agency (§38.12(d)(1)).
  • Unrequested contact only. Subsection (d) concerns communications and solicitations provided to an individual who has not sought the professional's employment, legal representation, advice or care (§38.12(d)(2)).
  • The first 30 days. When the communication or solicitation concerns an action for personal injury or wrongful death, or otherwise relates to an accident or disaster, involving the person who receives it or a relative of that person, it is covered if it was provided before the 31st day after the date on which the accident or disaster occurred (§38.12(d)(2)(A)).
  • Lawsuits against the recipient. Subsection (d)(2)(C) covers a communication or solicitation about a lawsuit of any kind, including an action for divorce, in which the recipient or a relative is a defendant, unless the lawsuit has been on file for more than 31 days before the date it was provided (§38.12(d)(2)(C)).
  • Other limits at any time. Subsection (d)(2) also covers, with no time limit, a communication that concerns a specific matter and relates to legal representation when the professional knows or reasonably should know the person it is directed to is represented by a lawyer in the matter, one provided by a person who knows or reasonably should know that the injured person or a relative has indicated a desire not to be contacted, one that involves coercion, duress, fraud, overreaching, harassment, intimidation or undue influence, and one that contains a false, fraudulent, misleading, deceptive or unfair statement or claim (§38.12(d)(2)(B), (D)-(F)).
  • The accident report. A desire not to be contacted is presumed if an accident report reflects that the injured person or that person's relative made such an indication (§38.12(e)).
  • An exception. Subsection (c) says it is an exception to prosecution under subsection (a) or (b) that the conduct is authorized by the Texas Disciplinary Rules of Professional Conduct or any rule of court.

What does Gov't Code §82.0651 say?

The official text of Tex. Gov't Code §82.0651(a), (c) and (e), as published by the Texas Legislature:

Sec. 82.0651. CIVIL LIABILITY FOR PROHIBITED BARRATRY. (a) A client may bring an action to void a contract for legal services that was procured as a result of conduct violating Section 38.12(a) or (b), Penal Code, or Rule 7.03 of the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, regarding barratry by attorneys or other persons, and to recover any amount that may be awarded under Subsection (b). A client who enters into a contract described by this subsection may bring an action to recover any amount that may be awarded under Subsection (b) even if the contract is voided voluntarily.

(c) A person who was solicited by conduct violating Section 38.12(a) or (b), Penal Code, or Rule 7.03 of the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, regarding barratry by attorneys or other persons, but who did not enter into a contract as a result of that conduct, may file a civil action against any person who committed barratry.

(e) This section shall be liberally construed and applied to promote its underlying purposes, which are to protect those in need of legal services against unethical, unlawful solicitation and to provide efficient and economical procedures to secure that protection.

Source: Tex. Gov't Code §82.0651, statutes.capitol.texas.gov. Text last checked October 27, 2026.

In plain language:

  • A voidable contract. Section 82.065(b) says any contract for legal services is voidable by the client if it is procured as a result of conduct violating §38.12(a) or (b) or Disciplinary Rule 7.03 (§82.065(b)).
  • What a prevailing client recovers. Section 82.0651(b) lists what a client who prevails in an action under subsection (a) recovers from any person who committed barratry: fees and expenses paid under the contract, as the subsection describes, actual damages caused by the prohibited conduct, a penalty in an amount the statute sets, and reasonable and necessary attorney's fees. The amounts are in the statute at the source link.
  • People who did not sign. Under §82.0651(c), a person who was solicited but did not enter into a contract may file a civil action against any person who committed barratry. Section 82.0651(d) lists what a person who prevails in an action under subsection (c) recovers from each person who engaged in barratry: a penalty in an amount the statute sets, actual damages and reasonable and necessary attorney's fees.
  • Not the only remedy. The remedies are in addition to remedies under any other law, but a person may not recover damages and penalties under both this subchapter and another law for the same act or practice (§82.0651(f)).

How does the State Bar of Texas take reports?

The State Bar of Texas's public disaster resources page (titled Texas Winter Storm Resources) includes a section on barratry or improper solicitation by an attorney. It lists the toll-free number of the State Bar Chief Disciplinary Counsel's Office, 866-224-5999, for reports of improper solicitation or barratry, and also names local law enforcement (State Bar of Texas, Texas Winter Storm Resources). The State Bar accepts written grievances about attorney misconduct through its grievance page, which says a grievance can be submitted electronically or on the current grievance form. The same page says that when the person is not a client or former client of the attorney, the Texas Rules of Disciplinary Procedure limit who may file a grievance (State Bar of Texas, File a Grievance). Both pages were read on October 27, 2026.

When was this checked, and can it change?

The text above was last checked on October 27, 2026, against the official text published by the Texas Legislature. The Legislature can amend a statute in any session. It convenes in regular session on the second Tuesday in January of each odd-numbered year (Gov't Code §301.001), so the next regular session begins on January 12, 2027. This entry is scheduled to be rechecked against the official text by April 2027 and again after the 2027 regular session ends.

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Frequently asked questions

What does Texas Penal Code §38.12 make an offense?
Section 38.12(a) makes it an offense for a person, with intent to obtain an economic benefit, to do any of six things it lists, including knowingly instituting a suit or claim the person has not been authorized to pursue, soliciting employment in person, by telephone, through a direct message on a social media platform or by another electronic communication, and paying or offering money or another benefit to a prospective client or to another person to obtain or solicit employment. Section 38.12(b) adds knowingly financing those offenses, investing funds the person knows or believes are intended to further them, and a professional knowingly accepting employment within the scope of the professional's license, registration or certification that results from solicitation in violation of subsection (a).
What is the 30-day rule in §38.12(d)?
Section 38.12(d) applies to Texas-licensed attorneys, chiropractors, physicians, surgeons and private investigators, and to people licensed, certified or registered by a Texas health care regulatory agency. Among other things, it makes it an offense for such a person, with the intent to obtain professional employment, to provide or knowingly permit to be provided, to an individual who has not sought the person's employment, legal representation, advice or care, a written communication or a solicitation that concerns an action for personal injury or wrongful death, or otherwise relates to an accident or disaster, involving that individual or a relative, before the 31st day after the date on which the accident or disaster occurred.
What is civil barratry under Gov't Code §82.0651?
Section 82.0651(a) lets a client bring an action to void a contract for legal services that was procured as a result of conduct violating Penal Code §38.12(a) or (b), or Rule 7.03 of the Texas Disciplinary Rules of Professional Conduct, and to recover the amounts listed in §82.0651(b). Section 82.0651(c) gives a person who was solicited by that conduct, but did not enter into a contract, a civil action against any person who committed barratry.
Does the State Bar of Texas accept reports of barratry?
Yes. The State Bar of Texas's public disaster relief resources page lists the toll-free number of the State Bar Chief Disciplinary Counsel's Office, 866-224-5999, for reports of improper solicitation or barratry, and also names local law enforcement. The State Bar accepts written grievances about attorney misconduct through its File a Grievance page, which says the Texas Rules of Disciplinary Procedure limit who may file a grievance when the person is not a client or former client of the attorney.
Can InjuryClaimGuide tell me how this law applies to my situation?
No. InjuryClaimGuide is a legal advertising service. We do not apply the law to anyone's situation and do not evaluate any claim. An attorney can advise you about your specific situation.

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