Bill Text: TX HB1418 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to inmate litigation.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2011-05-10 - Referred to State Affairs [HB1418 Detail]
Download: Texas-2011-HB1418-Introduced.html
82R6527 AJA-D | ||
By: Hughes | H.B. No. 1418 |
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relating to inmate litigation. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 14.002(a), Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
(a) This chapter applies only to an action, including an | ||
appeal or original proceeding, [ |
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district, county, justice of the peace, or small claims court or an | ||
appellate court, including the supreme court or the court of | ||
criminal appeals, in which an affidavit or unsworn declaration of | ||
inability to pay costs is filed by the inmate. | ||
SECTION 2. Sections 14.004(a) and (b), Civil Practice and | ||
Remedies Code, are amended to read as follows: | ||
(a) An inmate who files an affidavit or unsworn declaration | ||
of inability to pay costs shall file a separate affidavit or | ||
declaration: | ||
(1) identifying each action [ |
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action [ |
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person and in which the person was not represented by an attorney, | ||
without regard to whether the person was an inmate at the time the | ||
action [ |
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(2) describing each action [ |
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brought by: | ||
(A) stating the operative facts for which relief | ||
was sought; | ||
(B) listing the case name, cause number, and the | ||
court in which the action [ |
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(C) identifying each party named in the action | ||
[ |
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(D) stating the result of the action [ |
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including whether the action or a claim that was a basis for the | ||
action [ |
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13.001 or Section 14.003 or otherwise. | ||
(b) If the affidavit or unsworn declaration filed under this | ||
section states that a previous action or claim [ |
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as frivolous or malicious, the affidavit or unsworn declaration | ||
must state the date of the final order affirming the dismissal. | ||
SECTION 3. Section 14.007(a), Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
(a) An order of a court under Section 14.006(a) shall | ||
include the costs described by Subsection (b) if the court finds | ||
that: | ||
(1) the inmate has previously filed an action to which | ||
this chapter applies [ |
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(2) a final order has been issued that affirms that the | ||
action was dismissed as frivolous or malicious under Section 13.001 | ||
or Section 14.003 or otherwise. | ||
SECTION 4. The change in law made by this Act applies only | ||
to an action brought on or after the effective date of this Act. An | ||
action brought before the effective date of this Act is governed by | ||
the law in effect immediately before the effective date of this Act, | ||
and that law is continued in effect for that purpose. | ||
SECTION 5. This Act takes effect September 1, 2011. |