According to the Legislative Budget Board (LBB), HB 2733 is not expected to have a significant fiscal impact on the state. The bill proposes to expand the scope of the third-degree felony offense of barratry and unlawful solicitation of professional employment to include digital communication channels, such as social media platforms and other electronic messaging systems. While this may modestly increase the number of cases subject to prosecution, the LBB anticipates that any resulting changes in state expenditures, such as for law enforcement, judicial proceedings, or corrections, will be minimal.

Similarly, for local governments, the fiscal impact is expected to be negligible. Although counties and municipalities could incur marginal costs related to enforcement, prosecution, or confinement of offenders under the newly broadened statute, these costs are not expected to create substantial new burdens on local resources. Agencies such as the Office of Court Administration and the Comptroller of Public Accounts were consulted, and no concerns were raised regarding unfunded mandates or budgetary pressures as a result of implementing the bill.

In essence, HB 2733 aims to update criminal statutes to reflect current communication methods without imposing new or costly administrative or operational demands on the state or local governments.

HB 2733 addresses a critical gap in Texas law by modernizing the definition of barratry and unlawful solicitation of professional employment under Section 38.12 of the Penal Code. Specifically, it extends the prohibition to include direct messages sent via social media platforms and other forms of electronic communication, reflecting the growing use of digital platforms in professional outreach. This ensures the statute continues to protect Texans from predatory or unethical solicitation in the aftermath of accidents or legal incidents, particularly when individuals may be emotionally or financially vulnerable.

The bill is a measured response to the evolution of communication technologies and does not create any new offenses or penalties. It merely updates existing law to reflect modern behavior, thereby reinforcing professional accountability and safeguarding public trust. From a liberty principles standpoint, HB 2733 advances individual liberty by protecting Texans from intrusive and unsolicited digital contact and promotes personal responsibility by holding licensed professionals accountable for unethical behavior. It is neutral to supportive of free enterprise, as it targets only coercive and deceptive conduct, not legitimate business competition. It does not affect private property rights and remains aligned with limited government principles.

Importantly, the bill does not expand the size or scope of government. It does not create new agencies, bureaucracies, or enforcement bodies. According to the Legislative Budget Board, there is no significant fiscal impact to the state or to local governments, indicating that the bill will not increase the burden on taxpayers. Moreover, it imposes only a limited and targeted regulatory adjustment on a defined group of licensed professionals—those already subject to ethical and legal oversight—by clarifying that digital solicitation falls under existing barratry prohibitions.

Given its focused scope, alignment with ethical standards, minimal fiscal and regulatory impact, and reinforcement of core liberty values, Texas Policy Research recommends that lawmakers vote YES on HB 2733.

• Individual Liberty: The bill enhances individual liberty by protecting Texans from unwanted, coercive, or deceptive solicitation, especially in moments of vulnerability following an accident or personal loss. By extending barratry restrictions to include digital communications like social media direct messages, the bill ensures individuals retain the right not to be intruded upon electronically for the sake of someone else’s economic gain. It reinforces the individual’s right to autonomy, consent, and personal privacy in both physical and virtual spaces.
• Personal Responsibility: The bill holds professionals, particularly attorneys, healthcare providers, and licensed investigators, accountable for how they solicit business. This bolsters the principle of personal responsibility by clarifying that exploitation via modern digital platforms carries the same legal consequences as traditional forms of barratry. It encourages ethical behavior and ensures that professionals do not take advantage of distressed individuals through aggressive or misleading outreach.
• Free Enterprise: The bill imposes targeted constraints on a narrow category of commercial speech (i.e., unethical solicitations by licensed professionals). While it does restrict how certain professionals can pursue clients, those restrictions are consistent with existing ethical standards and do not impede legitimate competition or entrepreneurship. It helps maintain a fair playing field by preventing exploitative business practices, which ultimately supports consumer confidence in the marketplace.
• Private Property Rights: The bill does not directly impact tangible or intangible property rights. It focuses solely on professional conduct and communications, rather than land use, ownership, or property claims.
• Limited Government: The bill does not grow the size or scope of government, nor does it create new agencies or regulatory structures. It simply updates an existing statute to reflect modern communication practices. It is a clear example of responsible legal modernization, ensuring that existing protections remain relevant without expanding state power. Enforcement remains within current frameworks, with no new fiscal or bureaucratic burdens.

• SB 2175 (Same As)