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AN ACT
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relating to the distribution of certain civil penalties, payments, |
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and civil 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. Section 402.007(b), Government Code, is amended |
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to read as follows: |
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(b) Subject to Subsection (d), the comptroller shall credit |
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to the judicial fund for programs approved by the supreme court that |
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provide basic civil legal services to the indigent the net amount |
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of: |
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(1) a civil penalty or payment, excluding attorney's |
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fees or costs, that is recovered in an action by the attorney |
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general in any matter actionable under the [Subchapter E, Chapter
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17,] Business & Commerce Code, after deducting amounts allocated to |
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or retained by the attorney general as authorized by law, unless: |
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(A) another law requires that the funds [penalty] |
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be credited to a different fund or account; or |
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(B) the judgment awarding the funds [penalty] |
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requires that the funds [penalty] be paid to another identifiable |
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[named] recipient; and |
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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, on the hearing of an ex parte motion filed |
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by the attorney general after the entry of a judgment awarding civil |
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restitution, 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; |
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(iii) the cost of administering a claim |
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procedure will disproportionately reduce the amount of restitution |
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available for the payment of individual claims; or |
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(iv) the claims of all identifiable persons |
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eligible to receive restitution have been paid without exhausting |
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the funds available for restitution; and |
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(B) enters a judgment or order that the |
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restitution be credited to the judicial fund for programs approved |
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by the supreme court that provide basic civil legal services to the |
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indigent. |
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SECTION 2. The change in law made by this Act applies only |
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to a civil penalty, payment, or civil restitution that is received |
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by the attorney general on or after the effective date of this Act. |
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A civil penalty, payment, or civil restitution received by the |
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attorney general before the effective date of this Act is governed |
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by the law in effect immediately before the effective date of this |
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Act, and that law is continued in effect for that purpose. |
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SECTION 3. 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, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1079 was passed by the House on May 5, |
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2015, by the following vote: Yeas 141, Nays 4, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1079 was passed by the Senate on May |
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23, 2015, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |