Bill Text: TX HB1445 | 2013-2014 | 83rd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the distribution of certain civil penalties and civil restitution received by the attorney general.
Spectrum: Slight Partisan Bill (Democrat 5-3)
Status: (Passed) 2013-05-28 - Effective immediately [HB1445 Detail]
Download: Texas-2013-HB1445-Introduced.html
Bill Title: Relating to the distribution of certain civil penalties and civil restitution received by the attorney general.
Spectrum: Slight Partisan Bill (Democrat 5-3)
Status: (Passed) 2013-05-28 - Effective immediately [HB1445 Detail]
Download: Texas-2013-HB1445-Introduced.html
83R5770 SCL-F | ||
By: Thompson of Harris | H.B. No. 1445 |
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relating to the distribution of certain civil penalties and civil | ||
restitution received by the attorney general. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Section 402.007, Government Code, | ||
is amended to read as follows: | ||
Sec. 402.007. PAYMENT TO TREASURY; ALLOCATION OF CERTAIN | ||
MONEY RECEIVED BY ATTORNEY GENERAL [ |
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SECTION 2. Section 402.007, Government Code, is amended by | ||
amending Subsections (b) and (c) and adding Subsections (d) and (e) | ||
to read as follows: | ||
(b) Subject to Subsection (d) [ |
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credit to the judicial fund for programs approved by the supreme | ||
court that provide basic civil legal services to the indigent the | ||
net amount of: | ||
(1) a civil penalty that is recovered in an action by | ||
the attorney general in any matter actionable under Subchapter E, | ||
Chapter 17, Business & Commerce Code, after deducting amounts | ||
allocated to or retained by the attorney general as authorized by | ||
law, unless: | ||
(A) [ |
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be credited to a different fund or account; or | ||
(B) [ |
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requires that the penalty be paid to another named recipient; or | ||
(2) civil restitution recovered by the attorney | ||
general in an action brought by the attorney general arising from | ||
conduct that violates a consumer protection, public health, or | ||
general welfare law, if the court: | ||
(A) determines that, based on the facts and | ||
circumstances of the case: | ||
(i) it is impossible or impracticable to | ||
identify injured parties; | ||
(ii) it is impossible or impracticable to | ||
determine the degree to which each claimant was injured and | ||
entitled to recover; or | ||
(iii) the cost of administering a claim | ||
procedure is prohibitive due to a low probability of recovery for | ||
each claimant; and | ||
(B) enters a judgment or order that the | ||
restitution be distributed by the attorney general. | ||
(c) Notwithstanding Subsection (b)(2), if a court judgment | ||
or order specifies that restitution is to be distributed in a manner | ||
other than the manner provided by this section, the attorney | ||
general shall distribute that restitution in accordance with the | ||
court judgment or order. The attorney general shall notify the | ||
Legislative Budget Board and the court when the distribution of | ||
restitution under a court judgment or order is complete. | ||
(d) The total amount credited to the judicial fund for | ||
programs approved by the supreme court that provide basic civil | ||
legal services to the indigent under Subsection (b) may not exceed | ||
$50 [ |
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(e) The provisions of this section do not diminish the | ||
common law authority or other statutory authority of the attorney | ||
general to seek and obtain cy pres distribution from a court. | ||
SECTION 3. The change in law made by this Act applies only | ||
to a civil penalty or civil restitution that is received by the | ||
attorney general on or after the effective date of this Act. | ||
SECTION 4. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2013. |