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A BILL TO BE ENTITLED
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AN ACT
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relating to claims for compensation for wrongful imprisonment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter A, Chapter 103, Civil |
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Practice and Remedies Code, is amended to read as follows: |
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SUBCHAPTER A. ELIGIBILITY; NOTICE OF ELIGIBILITY [AND CHOICE OF
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COMPENSATION METHOD] |
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SECTION 2. (a) This section takes effect only if the Act of |
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the 82nd Legislature, Regular Session, 2011, relating to |
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nonsubstantive additions to and corrections in enacted codes |
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becomes law. |
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(b) Subchapter A, Chapter 103, Civil Practice and Remedies |
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Code, is amended by adding Section 103.002 to read as follows: |
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Sec. 103.002. NOTICE TO WRONGFULLY IMPRISONED PERSON. (a) |
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In this section: |
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(1) "Department" means the Texas Department of |
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Criminal Justice. |
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(2) "Penal institution" has the meaning assigned by |
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Article 62.001, Code of Criminal Procedure. |
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(3) "Wrongfully imprisoned person" has the meaning |
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assigned by Section 501.102, Government Code. |
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(b) The department shall provide to each wrongfully |
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imprisoned person information, both orally and in writing, that |
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includes: |
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(1) guidance on how to obtain compensation under this |
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chapter; and |
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(2) a list of and contact information for nonprofit |
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advocacy groups, identified by the department, that assist |
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wrongfully imprisoned persons in filing claims for compensation |
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under this chapter. |
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(c) The department must provide the information required |
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under Subsection (b): |
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(1) at the time of the release of the wrongfully |
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imprisoned person from a penal institution; or |
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(2) if the wrongfully imprisoned person is not |
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confined in a penal institution, as soon as is practicable after the |
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date of the full pardon or granting of relief on the basis of |
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innocence or actual innocence, respectively. |
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SECTION 3. (a) This section takes effect only if the Act of |
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the 82nd Legislature, Regular Session, 2011, relating to |
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nonsubstantive additions to and corrections in enacted codes does |
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not become law. |
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(b) Subchapter A, Chapter 103, Civil Practice and Remedies |
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Code, is amended by adding Section 103.002 to read as follows: |
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Sec. 103.002. NOTICE TO WRONGFULLY IMPRISONED PERSON. (a) |
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In this section: |
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(1) "Department" means the Texas Department of |
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Criminal Justice. |
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(2) "Penal institution" has the meaning assigned by |
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Article 62.001, Code of Criminal Procedure. |
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(3) "Wrongfully imprisoned person" has the meaning |
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assigned by Section 501.091, Government Code, as added by Chapter |
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180 (H.B. 1736), Acts of the 81st Legislature, Regular Session, |
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2009. |
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(b) The department shall provide to each wrongfully |
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imprisoned person information, both orally and in writing, that |
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includes: |
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(1) guidance on how to obtain compensation under this |
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chapter; and |
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(2) a list of and contact information for nonprofit |
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advocacy groups, identified by the department, that assist |
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wrongfully imprisoned persons in filing claims for compensation |
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under this chapter. |
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(c) The department must provide the information required |
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under Subsection (b): |
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(1) at the time of the release of the wrongfully |
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imprisoned person from a penal institution; or |
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(2) if the wrongfully imprisoned person is not |
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confined in a penal institution, as soon as is practicable after the |
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date of the full pardon or granting of relief on the basis of |
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innocence or actual innocence, respectively. |
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SECTION 4. Section 103.051(d), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(d) If the comptroller denies the claim, the comptroller |
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must state the reason for the denial. Not later than the 30th |
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[10th] day after the date the denial is received, the claimant must |
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submit an application to cure any problem identified. Not later |
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than the 45th day after the date an application is received under |
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this subsection, the comptroller shall determine the claimant's |
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eligibility and the amount owed. |
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SECTION 5. Chapter 103, Civil Practice and Remedies Code, |
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is amended by adding Subchapter C to read as follows: |
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SUBCHAPTER C. FEES |
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Sec. 103.101. FEES LIMITED; PREREQUISITES TO FEE AGREEMENT. |
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(a) A person, including an attorney, may not charge or collect a |
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fee at a rate that exceeds the maximum rate established under |
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Section 103.102 for preparing, filing, or curing a claimant's |
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application under Section 103.051. |
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(b) An attorney may enter into a fee agreement with a |
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claimant for services related to an application under Section |
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103.051 only after the attorney has disclosed in writing to the |
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claimant the maximum rate for fees established under Section |
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103.102. |
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(c) An attorney may not charge or collect a fee for |
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preparing, filing, or curing a claimant's application under Section |
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103.051 before a final determination is made by the comptroller |
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that the claimant is eligible or ineligible for compensation under |
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this chapter. |
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Sec. 103.102. MAXIMUM HOURLY RATE. The maximum rate for |
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services related to preparing, filing, or curing an application |
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under Section 103.051 is $250 per hour. |
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Sec. 103.103. SUBMISSION OF FEE REPORT. (a) Together with |
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an application for compensation under this chapter or not later |
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than the 14th day after the date the application or cured |
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application is filed, a person seeking payment for preparing, |
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filing, or curing the application must file a fee report with the |
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comptroller's judiciary section. |
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(b) A fee report under this section must include: |
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(1) if the preparer is an attorney, a sworn copy of the |
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attorney's fee agreement, signed by the attorney and claimant; |
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(2) the total dollar amount sought for fees; |
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(3) the number of hours the person worked preparing, |
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filing, or curing the application; and |
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(4) a brief description of work done during those |
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hours. |
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Sec. 103.104. VIOLATION. An attorney who charges or |
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collects a fee for services described by Section 103.102 in an |
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amount that exceeds a fee computed in accordance with the maximum |
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rate established under that section shall be referred to the Office |
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of Chief Disciplinary Counsel for the State Bar of Texas. |
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SECTION 6. Section 501.091, Government Code, as added by |
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Chapter 180 (H.B. 1736), Acts of the 81st Legislature, Regular |
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Session, 2009, is amended by adding Subsection (d-1) to read as |
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follows: |
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(d-1) The department shall provide information to |
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wrongfully imprisoned persons as required by Section 103.002, Civil |
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Practice and Remedies Code. |
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SECTION 7. Subchapter C, Chapter 103, Civil Practice and |
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Remedies Code, as added by this Act, applies only to an attorney's |
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fee agreement entered into on or after January 1, 2012. An |
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attorney's fee agreement entered into before January 1, 2012, is |
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governed by the law as it existed immediately before the effective |
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date of this Act, and that law is continued in effect for that |
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purpose. |
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SECTION 8. This Act takes effect September 1, 2011. |