Relating to the prosecution of the criminal offenses of prohibited barratry and solicitation of professional employment.
CriticalImmediate action required
Low Cost
Effective:2025-06-20
Enforcing Agencies
Texas District and County Attorneys (Criminal Prosecution) • State Bar of Texas • Texas Medical Board • Texas Board of Chiropractic Examiners • Texas Department of Public Safety (Private Security Board)
01
Compliance Analysis
Key implementation requirements and action items for compliance with this legislation
Implementation Timeline
Effective Date:June 20, 2025 (Passed with supermajority; immediate effect applies despite the September 1 date in the bill text).
Compliance Deadline:IMMEDIATE. All automated DM scripts and manual outbound social media solicitation must cease today.
Agency Rulemaking: While the Penal Code change is immediate, the State Bar of Texas, Texas Medical Board, and Board of Chiropractic Examiners will likely update disciplinary rules to align with this statute over the next 6-12 months.
Immediate Action Plan
1.Halt Automations: Immediately disable all bots or scripts sending DMs based on keywords (e.g., "accident," "ER," "help").
2.Scrub CRM: Apply the "31-Day Rule" logic to all electronic communication channels for known accident victims.
3.Audit Vendors: Demand written certification from lead providers that they do not utilize social media DMs to aggregate leads.
4.Update Intake Scripts: Mandate the collection of "origin stories" for every new digital lead to verify compliance.
Operational Changes Required
Contracts
Vendor MSAs: You must amend Master Service Agreements with marketing and lead-generation agencies. Require specific indemnification against "prohibited electronic communications" and "barratry via social media."
Employment Agreements: Update codes of conduct to explicitly define unauthorized electronic solicitation as a fireable offense to establish a defense against rogue employee actions.
Hiring/Training
Intake Protocols: Intake staff must be trained to ask and document: *"How did you find us?"* If the source is an outbound DM from your firm, representation must be declined.
Social Media Managers: Retrain staff to stop all proactive messaging. "Likes" and "Follows" are permitted; direct messaging potential clients is now a felony.
Reporting & Record-Keeping
Inbound Verification Logs: You must maintain immutable digital logs (screenshots or metadata) proving the *client* initiated the first direct message.
Lead Audits: "Internet Lead" is no longer a sufficient source description. You require proof of origin to ensure the lead was not generated via a prohibited bot or DM.
Fees & Costs
Insurance Exclusion: Be advised that Professional Liability (Malpractice) carriers will likely deny coverage for defense costs regarding these violations, as they are now classified as criminal acts.
Disgorgement Risk: Contracts secured via prohibited DMs are voidable; you face total disgorgement of fees earned on such cases.
Strategic Ambiguities & Considerations
Definition of "Electronic Communication": The statute is broad. It is currently unclear if a "Friend Request," "Connection Request," or a "Like" on a victim's post constitutes solicitation. Guidance: Until case law clarifies, treat any notification triggered on a prospect's device as a prohibited communication.
Public vs. Private Replies: The law targets "Direct Messages." It is ambiguous whether a public reply to a tweet about an accident violates the statute. Guidance: Avoid public replies to accident victims to prevent allegations of solicitation.
Need Help Understanding Implementation?
Our government affairs experts can walk you through this bill's specific impact on your operations.
Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.
Under current law, an individual can be charged with an offense of barratry and solicitation of professional employment if they solicit employment in person or by telephone for themselves or on behalf of someone else with the intent of gaining an economic benefit. However, the bill author has informed the committee that illegal solicitation of professional services has increasingly shifted to digital channels such as direct messages on a social media platform, which is not specifically addressed in the law as a means of solicitation, despite the fact that such communications are now commonplace in most Texans' daily lives and are possible avenues for exploitation. H.B. 2733 seeks to modernize the law against barratry and solicitation of professional employment and protect Texans by including such conduct committed through electronic communication in the scope of that law.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 2733 amends the Penal Code to expand the conduct that constitutes a barratry and solicitation of professional employment offense to include the following conduct:
·that a person, with intent to obtain an economic benefit, solicits employment through a direct message on a social media platform or by another electronic communication for the person or for another; and
·that an attorney, chiropractor, physician, surgeon, or private investigator licensed to practice in Texas or any person licensed, certified, or registered by a health care regulatory agency of the state, 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 through a direct message on a social media platform or by another electronic communication relating to certain matters.
H.B. 2733 applies only to an offense committed on or after the bill's effective date. An offense committed before that date is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For these purposes, an offense was committed before the bill's effective date if any element of the offense was committed before that date.
Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB2733 by Canales (Relating to the prosecution of the criminal offenses of prohibited barratry and solicitation of professional employment.), As Introduced
No significant fiscal implication to the State is anticipated.
The bill would add solicitation of employment through a social media platform or other electronic communication to the third-degree felony offense of barratry and solicitation of professional employment.
It is assumed that any fiscal impact and any impact on state correctional populations or on the demand for state correctional resources would not be significant.
Local Government Impact
It is assumed that any fiscal impact to units of local government associated with enforcement, prosecution, supervision, or confinement would not be significant.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts
LBB Staff:
JMc, KDw, DGI, MGol
Related Legislation
Explore more bills from this author and on related topics
HB2733 immediately classifies the solicitation of professional employment via social media Direct Messages (DMs) and electronic communications as a Third-Degree Felony. This legislation closes the "digital loophole" in Texas barratry laws, mandating a zero-tolerance policy for outbound digital outreach to prospective clients—specifically targeting attorneys, chiropractors, physicians, and private investigators. Implementation Timeline Effective Date: June 20, 2025 (Passed with supermajority; immediate effect applies despite the September 1 date in the bill text).
Q
Who authored HB2733?
HB2733 was authored by Texas Representative Terry Canales during the Regular Session.
Q
When was HB2733 signed into law?
HB2733 was signed into law by Governor Greg Abbott on June 20, 2025.
Q
Which agencies enforce HB2733?
HB2733 is enforced by Texas District and County Attorneys (Criminal Prosecution), State Bar of Texas, Texas Medical Board, Texas Board of Chiropractic Examiners and Texas Department of Public Safety (Private Security Board).
Q
How urgent is compliance with HB2733?
The compliance urgency for HB2733 is rated as "critical". Businesses and organizations should review the requirements and timeline to ensure timely compliance.
Q
What is the cost impact of HB2733?
The cost impact of HB2733 is estimated as "low". This may vary based on industry and implementation requirements.
Q
What topics does HB2733 address?
HB2733 addresses topics including civil remedies & liabilities, criminal procedure, criminal procedure--general, lawyers and email & electronic communications.
Legislative data provided by LegiScanLast updated: November 25, 2025
Need Strategic Guidance on This Bill?
Need help with Government Relations, Lobbying, or compliance? JD Key Consulting has the expertise you're looking for.
