Bill Text: TX SB749 | 2011-2012 | 82nd Legislature | Introduced

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Bill Title: Relating to provision of notice regarding and limitation of attorney's fees for services provided in connection with the making of a wrongful imprisonment claim.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-02-23 - Referred to State Affairs [SB749 Detail]

Download: Texas-2011-SB749-Introduced.html

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82R251 VOO-D
By: Ellis S.B. No. 749

A BILL TO BE ENTITLED
AN ACT
relating to provision of notice regarding and limitation of
attorney's fees for services provided in connection with the making
of a wrongful imprisonment claim.
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 [AND CHOICE OF
COMPENSATION METHOD]
SECTION 2. 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 3. 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 4. Chapter 103, Civil Practice and Remedies Code,
is amended by adding Subchapter C to read as follows:
SUBCHAPTER C. ATTORNEY'S FEES
Sec. 103.101. ATTORNEY'S FEES LIMITED; PREREQUISITES TO FEE
AGREEMENT. (a) 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 bringing a claimant's application or mandamus
action under this chapter.
(b) An attorney may enter into a fee agreement with a
claimant for services related to an application or mandamus action
under this chapter only after the attorney has disclosed in writing
to the claimant the maximum rates for fees established under
Section 103.102.
(c) An attorney may not charge or collect a fee for
preparing, filing, or bringing a claimant's application or mandamus
action under this chapter before a final determination is made by
the comptroller or the court, as applicable, that the claimant is
eligible or ineligible for compensation under this chapter.
Sec. 103.102. MAXIMUM HOURLY RATES. (a) The comptroller by
rule shall establish a maximum hourly rate for an attorney's
services related to:
(1) preparing or filing an application under this
chapter; and
(2) bringing a mandamus action under this chapter.
(b) In setting the rates under Subsection (a), the
comptroller shall consider:
(1) rates charged for similar attorney's services; and
(2) compensation incentives necessary because of the
delayed nature of payment of attorney's fees as required by Section
103.101(c).
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 is filed, an
attorney seeking payment for preparing or filing the application
must file a fee report with the comptroller's judiciary section.
(b) An attorney seeking payment for bringing a mandamus
action under this chapter must file a fee report with the
comptroller's judiciary section not later than the 14th day after
the date a final court order is issued.
(c) A fee report under this section must include:
(1) a sworn copy of the attorney's fee agreement,
signed by the attorney and claimant;
(2) the total dollar amount sought for attorney's
fees;
(3) the number of hours the attorney worked preparing,
filing, or arguing the application or mandamus action; 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 violates Rule 1.04(a), Texas
Disciplinary Rules of Professional Conduct.
SECTION 5. Before January 1, 2012, the comptroller shall
establish the maximum hourly rates as provided by Section 103.102,
Civil Practice and Remedies Code, as added by this Act.
SECTION 6. 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 7. This Act takes effect September 1, 2011.