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HB2733

Regular Session

Relating to the prosecution of the criminal offenses of prohibited barratry and solicitation of professional employment.

Critical
Low Cost
Effective:2025-06-20
Enforcing Agencies

State Bar of Texas • Texas Board of Chiropractic Examiners • Texas Department of Public Safety (Private Security Board) • Texas District and County Attorneys (Criminal Prosecution) • Texas Medical Board

HB2733
Relating to the prosecution of the criminal offenses of prohibited barratry and solicitation of professional employment.
Critical Urgency
Unanimous Passage
House Vote148 - 0
YEA
100% in favor148 voting
Senate Vote31 - 0
YEA
100% in favor31 voting
Cost Impact
Low
Effective
2025-06-20
Enforcing Agencies
State Bar of TexasTexas Board of Chiropractic Exam...Texas Department of Public SafetyTexas District and County Attorneys+1 more
Primary Author: Rep. Terry Canales
89th Texas Legislature
jdkey.com
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?

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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.

02

Legislative Timeline

This bill's path through the Texas Legislature

Filed
Feb 12, 2025
Passed House
Apr 23, 2025
Passed Senate
May 20, 2025
Signed
Jun 20, 2025
TopicsCivil Remedies & LiabilitiesCriminal ProcedureCriminal Procedure--generalLawyersEmail & Electronic CommunicationsElectronic Information Systems
03

House Authors

Rep. Terry CanalesDemocrat · Primary Author

Senate Sponsor

Sen. Tan ParkerRepublican · Primary Sponsor

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

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Quick Reference

Frequently Asked Questions

Common questions about HB2733

Q

What does Texas HB2733 do?

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 State Bar of Texas, Texas Board of Chiropractic Examiners, Texas Department of Public Safety (Private Security Board), Texas District and County Attorneys (Criminal Prosecution) and Texas Medical 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

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