Bill Text: TX HB1445 | 2013-2014 | 83rd Legislature | Enrolled
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-Enrolled.html
| 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. This Act shall be known as the Chief Justice Jack | ||
| Pope Act. | ||
| SECTION 2. 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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| general shall immediately pay into the state treasury money | ||
| received for a debt, a [ |
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| (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; and | ||
| (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, on the hearing of an ex parte motion filed | ||
| by the attorney general after the entry of a judgment awarding civil | ||
| restitution, 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; | ||
| (iii) the cost of administering a claim | ||
| procedure will disproportionately reduce the amount of restitution | ||
| available for the payment of individual claims; or | ||
| (iv) the claims of all identifiable persons | ||
| eligible to receive restitution have been paid without exhausting | ||
| the funds available for restitution; and | ||
| (B) enters a judgment or order that the | ||
| restitution be credited to the judicial fund for programs approved | ||
| by the supreme court that provide basic civil legal services to the | ||
| indigent. | ||
| (c) If a court enters a judgment or order that restitution | ||
| be credited to the judicial fund, the attorney general shall notify | ||
| the Legislative Budget Board and shall distribute that restitution | ||
| in accordance with the court judgment or order. | ||
| (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 limit 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. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 1445 was passed by the House on April | ||
| 18, 2013, by the following vote: Yeas 143, Nays 0, 2 present, not | ||
| voting; and that the House concurred in Senate amendments to H.B. | ||
| No. 1445 on May 16, 2013, by the following vote: Yeas 143, Nays 0, | ||
| 2 present, not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 1445 was passed by the Senate, with | ||
| amendments, on May 15, 2013, by the following vote: Yeas 30, Nays | ||
| 1. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: __________________ | ||
| Date | ||
| __________________ | ||
| Governor | ||
