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A BILL TO BE ENTITLED
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AN ACT
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relating to the distribution of certain civil penalties and civil |
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restitution received by the attorney general. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 402.007, Government Code, |
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is amended to read as follows: |
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Sec. 402.007. PAYMENT TO TREASURY; ALLOCATION OF CERTAIN |
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MONEY RECEIVED BY ATTORNEY GENERAL [PENALTIES]. |
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SECTION 2. Section 402.007, Government Code, is amended by |
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amending Subsections (b) and (c) and adding Subsections (d) and (e) |
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to read as follows: |
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(b) Subject to Subsection (d) [(c)], the comptroller shall |
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credit to the judicial fund for programs approved by the supreme |
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court that provide basic civil legal services to the indigent the |
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net amount of: |
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(1) a civil penalty that is recovered in an action by |
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the attorney general in any matter actionable under Subchapter E, |
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Chapter 17, Business & Commerce Code, after deducting amounts |
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allocated to or retained by the attorney general as authorized by |
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law, unless: |
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(A) [(1)] another law requires that the penalty |
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be credited to a different fund or account; or |
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(B) [(2)] the judgment awarding the penalty |
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requires that the penalty be paid to another named recipient; or |
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(2) civil restitution recovered by the attorney |
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general in an action brought by the attorney general arising from |
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conduct that violates a consumer protection, public health, or |
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general welfare law, if the court: |
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(A) determines that, based on the facts and |
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circumstances of the case: |
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(i) it is impossible or impracticable to |
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identify injured parties; |
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(ii) it is impossible or impracticable to |
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determine the degree to which each claimant was injured and |
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entitled to recover; or |
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(iii) the cost of administering a claim |
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procedure is prohibitive due to a low probability of recovery for |
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each claimant; and |
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(B) enters a judgment or order that the |
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restitution be distributed by the attorney general. |
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(c) Notwithstanding Subsection (b)(2), if a court judgment |
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or order specifies that restitution is to be distributed in a manner |
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other than the manner provided by this section, the attorney |
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general shall distribute that restitution in accordance with the |
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court judgment or order. The attorney general shall notify the |
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Legislative Budget Board and the court when the distribution of |
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restitution under a court judgment or order is complete. |
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(d) The total amount credited to the judicial fund for |
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programs approved by the supreme court that provide basic civil |
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legal services to the indigent under Subsection (b) may not exceed |
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$50 [$10] million per state fiscal biennium. |
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(e) The provisions of this section do not diminish the |
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common law authority or other statutory authority of the attorney |
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general to seek and obtain cy pres distribution from a court. |
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SECTION 3. The change in law made by this Act applies only |
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to a civil penalty or civil restitution that is received by the |
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attorney general on or after the effective date of this Act. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |