Bill Text: TX HB417 | 2011-2012 | 82nd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to claims for compensation for wrongful imprisonment and group health benefits coverage for persons wrongfully imprisoned.
Spectrum: Slight Partisan Bill (Democrat 6-2)
Status: (Passed) 2011-06-17 - Effective immediately [HB417 Detail]
Download: Texas-2011-HB417-Comm_Sub.html
Bill Title: Relating to claims for compensation for wrongful imprisonment and group health benefits coverage for persons wrongfully imprisoned.
Spectrum: Slight Partisan Bill (Democrat 6-2)
Status: (Passed) 2011-06-17 - Effective immediately [HB417 Detail]
Download: Texas-2011-HB417-Comm_Sub.html
82R14815 AJA-D | |||
By: Anchia, Jackson, et al. | H.B. No. 417 | ||
Substitute the following for H.B. No. 417: | |||
By: S. Davis of Harris | C.S.H.B. No. 417 |
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relating to claims for compensation for wrongful imprisonment. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Subchapter A, Chapter 103, Civil | ||
Practice and Remedies Code, is amended to read as follows: | ||
SUBCHAPTER A. ELIGIBILITY; NOTICE OF ELIGIBILITY [ |
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SECTION 2. (a) This section takes effect only if the Act of | ||
the 82nd Legislature, Regular Session, 2011, relating to | ||
nonsubstantive additions to and corrections in enacted codes | ||
becomes law. | ||
(b) Subchapter A, Chapter 103, Civil Practice and Remedies | ||
Code, is amended by adding Section 103.002 to read as follows: | ||
Sec. 103.002. NOTICE TO WRONGFULLY IMPRISONED PERSON. (a) | ||
In this section: | ||
(1) "Department" means the Texas Department of | ||
Criminal Justice. | ||
(2) "Penal institution" has the meaning assigned by | ||
Article 62.001, Code of Criminal Procedure. | ||
(3) "Wrongfully imprisoned person" has the meaning | ||
assigned by Section 501.102, Government Code. | ||
(b) The department shall provide to each wrongfully | ||
imprisoned person information, both orally and in writing, that | ||
includes: | ||
(1) guidance on how to obtain compensation under this | ||
chapter; and | ||
(2) a list of and contact information for nonprofit | ||
advocacy groups, identified by the department, that assist | ||
wrongfully imprisoned persons in filing claims for compensation | ||
under this chapter. | ||
(c) The department must provide the information required | ||
under Subsection (b): | ||
(1) at the time of the release of the wrongfully | ||
imprisoned person from a penal institution; or | ||
(2) if the wrongfully imprisoned person is not | ||
confined in a penal institution, as soon as is practicable after the | ||
date of the full pardon or granting of relief on the basis of | ||
innocence or actual innocence, respectively. | ||
SECTION 3. (a) This section takes effect only if the Act of | ||
the 82nd Legislature, Regular Session, 2011, relating to | ||
nonsubstantive additions to and corrections in enacted codes does | ||
not become law. | ||
(b) Subchapter A, Chapter 103, Civil Practice and Remedies | ||
Code, is amended by adding Section 103.002 to read as follows: | ||
Sec. 103.002. NOTICE TO WRONGFULLY IMPRISONED PERSON. (a) | ||
In this section: | ||
(1) "Department" means the Texas Department of | ||
Criminal Justice. | ||
(2) "Penal institution" has the meaning assigned by | ||
Article 62.001, Code of Criminal Procedure. | ||
(3) "Wrongfully imprisoned person" has the meaning | ||
assigned by Section 501.091, Government Code, as added by Chapter | ||
180 (H.B. 1736), Acts of the 81st Legislature, Regular Session, | ||
2009. | ||
(b) The department shall provide to each wrongfully | ||
imprisoned person information, both orally and in writing, that | ||
includes: | ||
(1) guidance on how to obtain compensation under this | ||
chapter; and | ||
(2) a list of and contact information for nonprofit | ||
advocacy groups, identified by the department, that assist | ||
wrongfully imprisoned persons in filing claims for compensation | ||
under this chapter. | ||
(c) The department must provide the information required | ||
under Subsection (b): | ||
(1) at the time of the release of the wrongfully | ||
imprisoned person from a penal institution; or | ||
(2) if the wrongfully imprisoned person is not | ||
confined in a penal institution, as soon as is practicable after the | ||
date of the full pardon or granting of relief on the basis of | ||
innocence or actual innocence, respectively. | ||
SECTION 4. Section 103.051(d), Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
(d) If the comptroller denies the claim, the comptroller | ||
must state the reason for the denial. Not later than the 30th | ||
[ |
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submit an application to cure any problem identified. Not later | ||
than the 45th day after the date an application is received under | ||
this subsection, the comptroller shall determine the claimant's | ||
eligibility and the amount owed. | ||
SECTION 5. Chapter 103, Civil Practice and Remedies Code, | ||
is amended by adding Subchapter C to read as follows: | ||
SUBCHAPTER C. FEES | ||
Sec. 103.101. FEES LIMITED; PREREQUISITES TO FEE AGREEMENT. | ||
(a) A person, including an attorney, may not charge or collect a | ||
fee at a rate that exceeds the maximum rate established under | ||
Section 103.102 for preparing, filing, or curing a claimant's | ||
application under Section 103.051. | ||
(b) An attorney may enter into a fee agreement with a | ||
claimant for services related to an application under Section | ||
103.051 only after the attorney has disclosed in writing to the | ||
claimant the maximum rate for fees established under Section | ||
103.102. | ||
(c) An attorney may not charge or collect a fee for | ||
preparing, filing, or curing a claimant's application under Section | ||
103.051 before a final determination is made by the comptroller | ||
that the claimant is eligible or ineligible for compensation under | ||
this chapter. | ||
Sec. 103.102. MAXIMUM HOURLY RATE. The maximum rate for | ||
services related to preparing, filing, or curing an application | ||
under Section 103.051 is $250 per hour. | ||
Sec. 103.103. SUBMISSION OF FEE REPORT. (a) Together with | ||
an application for compensation under this chapter or not later | ||
than the 14th day after the date the application or cured | ||
application is filed, a person seeking payment for preparing, | ||
filing, or curing the application must file a fee report with the | ||
comptroller's judiciary section. | ||
(b) A fee report under this section must include: | ||
(1) if the preparer is an attorney, a sworn copy of the | ||
attorney's fee agreement, signed by the attorney and claimant; | ||
(2) the total dollar amount sought for fees; | ||
(3) the number of hours the person worked preparing, | ||
filing, or curing the application; and | ||
(4) a brief description of work done during those | ||
hours. | ||
Sec. 103.104. VIOLATION. An attorney who charges or | ||
collects a fee for services described by Section 103.102 in an | ||
amount that exceeds a fee computed in accordance with the maximum | ||
rate established under that section shall be referred to the Office | ||
of Chief Disciplinary Counsel for the State Bar of Texas. | ||
SECTION 6. Section 501.091, Government Code, as added by | ||
Chapter 180 (H.B. 1736), Acts of the 81st Legislature, Regular | ||
Session, 2009, is amended by adding Subsection (d-1) to read as | ||
follows: | ||
(d-1) The department shall provide information to | ||
wrongfully imprisoned persons as required by Section 103.002, Civil | ||
Practice and Remedies Code. | ||
SECTION 7. Subchapter C, Chapter 103, Civil Practice and | ||
Remedies Code, as added by this Act, applies only to an attorney's | ||
fee agreement entered into on or after January 1, 2012. An | ||
attorney's fee agreement entered into before January 1, 2012, is | ||
governed by the law as it existed immediately before the effective | ||
date of this Act, and that law is continued in effect for that | ||
purpose. | ||
SECTION 8. This Act takes effect September 1, 2011. |