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A BILL TO BE ENTITLED
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AN ACT
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relating to inmate litigation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 14.002(a), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(a) This chapter applies only to an action, including an |
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appeal or original proceeding, [a suit] brought by an inmate in a |
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district, county, justice of the peace, or small claims court or an |
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appellate court, including the supreme court or the court of |
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criminal appeals, in which an affidavit or unsworn declaration of |
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inability to pay costs is filed by the inmate. |
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SECTION 2. Sections 14.004(a) and (b), Civil Practice and |
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Remedies Code, are amended to read as follows: |
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(a) An inmate who files an affidavit or unsworn declaration |
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of inability to pay costs shall file a separate affidavit or |
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declaration: |
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(1) identifying each action [suit], other than an |
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action [a suit] under the Family Code, previously brought by the |
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person and in which the person was not represented by an attorney, |
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without regard to whether the person was an inmate at the time the |
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action [suit] was brought; and |
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(2) describing each action [suit] that was previously |
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brought by: |
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(A) stating the operative facts for which relief |
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was sought; |
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(B) listing the case name, cause number, and the |
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court in which the action [suit] was brought; |
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(C) identifying each party named in the action |
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[suit]; and |
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(D) stating the result of the action [suit], |
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including whether the action or a claim that was a basis for the |
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action [suit] was dismissed as frivolous or malicious under Section |
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13.001 or Section 14.003 or otherwise. |
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(b) If the affidavit or unsworn declaration filed under this |
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section states that a previous action or claim [suit] was dismissed |
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as frivolous or malicious, the affidavit or unsworn declaration |
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must state the date of the final order affirming the dismissal. |
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SECTION 3. Section 14.007(a), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(a) An order of a court under Section 14.006(a) shall |
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include the costs described by Subsection (b) if the court finds |
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that: |
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(1) the inmate has previously filed an action to which |
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this chapter applies [in a district, county, justice of the peace,
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or small claims court]; and |
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(2) a final order has been issued that affirms that the |
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action was dismissed as frivolous or malicious under Section 13.001 |
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or Section 14.003 or otherwise. |
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SECTION 4. The change in law made by this Act applies only |
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to an action brought on or after the effective date of this Act. An |
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action brought before the effective date of this Act is governed by |
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the law in effect immediately before the effective date of this Act, |
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and that law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2011. |