81R28266 KFF-D
 
  By: Turner of Harris H.B. No. 2517
 
  Substitute the following for H.B. No. 2517:
 
  By:  Hughes C.S.H.B. No. 2517
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the dedication of certain civil penalties for
  violations of the Deceptive Trade Practices-Consumer Protection
  Act to provide civil legal services to the indigent.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 402.007, Government Code, is amended to
  read as follows:
         Sec. 402.007.  PAYMENT TO TREASURY; ALLOCATION OF CERTAIN
  PENALTIES.  (a)  The attorney general shall immediately pay into the
  state treasury money received for a debt or penalty.
         (b)  Subject to Subsection (c), the comptroller shall 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
  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:
               (1)  another law requires that the penalty be credited
  to a different fund or account; or
               (2)  the judgment awarding the penalty requires that
  the penalty be paid to another named recipient.
         (c)  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
  $10 million per state fiscal biennium.
         SECTION 2.  The change in law made by this Act applies to a
  civil penalty in an action by the attorney general in any matter
  actionable under Subchapter E, Chapter 17, Business & Commerce
  Code, that is received on or after the effective date of this Act.
         SECTION 3.  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, 2009.