| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the distribution of certain civil penalties, civil |
|
|
restitution, and other payments received by the attorney general. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 402.007(b), Government Code, is amended |
|
|
to read as follows: |
|
|
(b) Notwithstanding Section 404.094, and subject [Subject] |
|
|
to Subsection (d), 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: |
|
|
(1) 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: |
|
|
(A) another law requires that the penalty be |
|
|
credited to a different fund or account; or |
|
|
(B) the judgment awarding the penalty requires |
|
|
that the penalty be paid to another named recipient; [and] |
|
|
(2) civil restitution recovered by the attorney |
|
|
general in an action brought by the attorney general [arising from
|
|
|
conduct that violates a consumer protection, public health, or
|
|
|
general welfare law,] if, on the hearing of an ex parte motion filed |
|
|
by the attorney general after the entry of a judgment awarding civil |
|
|
restitution, the court: |
|
|
(A) determines that, based on the facts and |
|
|
circumstances of the case: |
|
|
(i) it is impossible or impracticable to |
|
|
identify injured parties; |
|
|
(ii) it is impossible or impracticable to |
|
|
determine the degree to which each claimant was injured and |
|
|
entitled to recover; |
|
|
(iii) the cost of administering a claim |
|
|
procedure will disproportionately reduce the amount of restitution |
|
|
available for the payment of individual claims; or |
|
|
(iv) the claims of all identifiable persons |
|
|
eligible to receive restitution have been paid without exhausting |
|
|
the funds available for restitution; and |
|
|
(B) enters a judgment or order that the |
|
|
restitution be credited to the judicial fund for programs approved |
|
|
by the supreme court that provide basic civil legal services to the |
|
|
indigent; and |
|
|
(3) any other type of payment a judgment directs to be |
|
|
allocated to the state that is recovered in an action by the |
|
|
attorney general arising from conduct that violates a consumer |
|
|
protection, public health, or general welfare law, after deducting |
|
|
amounts allocated to or retained by the attorney general as |
|
|
authorized by law, unless: |
|
|
(A) another law requires that the payment be |
|
|
credited to a different fund or account; or |
|
|
(B) the judgment awarding the payment requires |
|
|
that the payment be made to the state to be distributed to another |
|
|
named recipient. |
|
|
SECTION 2. The change in law made by this Act applies only |
|
|
to a civil penalty, civil restitution, or another payment that is |
|
|
received by the attorney general on or after the effective date of |
|
|
this Act. A civil penalty, civil restitution, or another payment |
|
|
received by the attorney general before the effective date of this |
|
|
Act is governed by the law in effect immediately before the |
|
|
effective date of this Act, and that law is continued in effect for |
|
|
that purpose. |
|
|
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, 2015. |