HBA-RBT H.B. 262 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 262
By: Allen
Corrections
2/11/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, a court may order an inmate found to have filed a frivolous
lawsuit to pay on a monthly basis, after making an initial payment, 10
percent of the money that was deposited that month in the inmate's trust
account into a trust account for payment of the various court fees and
costs from the frivolous suit.  H.B. 262 requires inmates to pay the lesser
of 20 percent of that month's deposits into the trust account or the
remaining balance of the fees and costs.. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 14.006(c) and (e), Civil Practice and Remedies
Code, to require an inmate to pay 20 percent of that month's deposits into
the trust account, rather than 10 percent, and requires the jail to forward
the money from the trust account to the court clerk once each calendar
quarter, rather than the earlier of the date the total amount to be
forwarded equals the total amount of court fees and costs that remains
unpaid, or the date the inmate is released. 

SECTION 2.  Makes application of this Act regarding a monthly payment made
by a prisoner prospective to October 1999. 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.