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A BILL TO BE ENTITLED
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AN ACT
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relating to the personal liability of the attorney general for |
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certain frivolous lawsuits. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 402, Government Code, is |
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amended by adding Section 402.011 to read as follows: |
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Sec. 402.011. PERSONAL LIABILITY OF ATTORNEY GENERAL FOR |
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FRIVOLOUS ACTION. (a) In this section, "frivolous civil action" |
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means a civil cause of action to which the state is a party that: |
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(1) is prosecuted by the attorney general in a court of |
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another state or in federal court; and |
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(2) the court in which the cause is filed determines: |
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(A) has no basis in fact; or |
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(B) is not warranted by existing law or a good |
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faith argument for the extension, modification, or reversal of |
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existing law. |
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(b) Notwithstanding any other law, the attorney general is |
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personally liable to the state for the total cost of prosecution by |
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the attorney general of a frivolous civil action. |
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(c) Not later than the 180th day after the date the court |
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makes a determination described by Subsection (a)(2), the attorney |
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general shall pay into the state treasury the amount described by |
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Subsection (b), as determined by the comptroller, using the |
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attorney general's personal funds. |
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(d) The attorney general may not assert official immunity or |
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any other form of immunity as a defense against liability under this |
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section. |
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(e) The comptroller may request information necessary to |
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determine the amount described by Subsection (b) from the office of |
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the attorney general. The office of the attorney general shall |
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provide the requested information in a reasonable amount of time. |
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SECTION 2. Section 402.011, Government Code, as added by |
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this Act, applies only to a cause of action filed on or after the |
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effective date of this Act. A cause of action filed before the |
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effective date of this Act is governed by the law in effect |
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immediately before the effective date of this Act, and that law is |
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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, 2021. |