Bill Text: TX HB1716 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the personal liability of the attorney general for certain frivolous lawsuits.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-10 - Referred to State Affairs [HB1716 Detail]
Download: Texas-2021-HB1716-Introduced.html
87R6106 CJC-D | ||
By: Dutton | H.B. No. 1716 |
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relating to the personal liability of the attorney general for | ||
certain frivolous lawsuits. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 402, Government Code, is | ||
amended by adding Section 402.011 to read as follows: | ||
Sec. 402.011. PERSONAL LIABILITY OF ATTORNEY GENERAL FOR | ||
FRIVOLOUS ACTION. (a) In this section, "frivolous civil action" | ||
means a civil cause of action to which the state is a party that: | ||
(1) is prosecuted by the attorney general in a court of | ||
another state or in federal court; and | ||
(2) the court in which the cause is filed determines: | ||
(A) has no basis in fact; or | ||
(B) is not warranted by existing law or a good | ||
faith argument for the extension, modification, or reversal of | ||
existing law. | ||
(b) Notwithstanding any other law, the attorney general is | ||
personally liable to the state for the total cost of prosecution by | ||
the attorney general of a frivolous civil action. | ||
(c) Not later than the 180th day after the date the court | ||
makes a determination described by Subsection (a)(2), the attorney | ||
general shall pay into the state treasury the amount described by | ||
Subsection (b), as determined by the comptroller, using the | ||
attorney general's personal funds. | ||
(d) The attorney general may not assert official immunity or | ||
any other form of immunity as a defense against liability under this | ||
section. | ||
(e) The comptroller may request information necessary to | ||
determine the amount described by Subsection (b) from the office of | ||
the attorney general. The office of the attorney general shall | ||
provide the requested information in a reasonable amount of time. | ||
SECTION 2. Section 402.011, Government Code, as added by | ||
this Act, applies only to a cause of action filed on or after the | ||
effective date of this Act. A cause of action filed 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 3. 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, 2021. |