By Whitmire S.B. No. 302
74R4292 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a system of sanctions for inmates of the institutional
1-3 division of the Texas Department of Criminal Justice who file
1-4 frivolous suits or take bad faith actions in a suit.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 500, Government Code, is amended by
1-7 adding Section 500.004 to read as follows:
1-8 Sec. 500.004. SANCTIONS FOR FRIVOLOUS COURT ACTIONS. (a)
1-9 The board by rule shall:
1-10 (1) prohibit an inmate from signing a pleading in a
1-11 state or federal court proceeding, other than a criminal
1-12 proceeding, that is:
1-13 (A) groundless and brought in bad faith;
1-14 (B) groundless and brought for the purpose of
1-15 harassment; or
1-16 (C) groundless and interposed for any improper
1-17 purpose, such as to cause unnecessary delay or needless increase in
1-18 the cost of litigation; and
1-19 (2) establish punishments for violations of a rule
1-20 adopted under this subsection, which may include forfeiture of good
1-21 conduct time or any other sanction the division is authorized to
1-22 impose for violation of a rule of the division.
1-23 (b) The institutional division may:
1-24 (1) hold a hearing to determine whether an inmate has
2-1 violated a rule adopted under Subsection (a) only after
2-2 notification from a judge in whose court a proceeding is brought
2-3 that the inmate engaged in the conduct described by Subsection (a);
2-4 and
2-5 (2) impose a sanction for a violation of the rule only
2-6 on a determination at a hearing that the inmate engaged in the
2-7 conduct described by Subsection (a).
2-8 SECTION 2. This Act takes effect September 1, 1995, and
2-9 applies only to a forfeiture of good conduct time based on the
2-10 filing in court of a signed pleading on or after that date.
2-11 SECTION 3. The importance of this legislation and the
2-12 crowded condition of the calendars in both houses create an
2-13 emergency and an imperative public necessity that the
2-14 constitutional rule requiring bills to be read on three several
2-15 days in each house be suspended, and this rule is hereby suspended.