By: Ellis S.B. No. 2279
(In the Senate - Filed March 13, 2009; March 31, 2009, read
first time and referred to Committee on Jurisprudence;
April 20, 2009, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 5, Nays 0; April 20, 2009,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 2279 By: Duncan
A BILL TO BE ENTITLED
AN ACT
relating to the dedication of certain civil penalties for
violations of the Deceptive Trade Practices-Consumer Protection
Act to provide civil legal services to the indigent.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 402.007, Government Code, is amended to
read as follows:
Sec. 402.007. PAYMENT TO TREASURY; ALLOCATION OF CERTAIN
PENALTIES. (a) The attorney general shall immediately pay into
the state treasury money received for a debt or penalty.
(b) 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 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:
(1) another law requires that the penalty be credited
to a different fund or account; or
(2) the judgment awarding the penalty requires that
the penalty be paid to another named recipient.
SECTION 2. The change in law made by this Act applies to a
civil penalty in an action by the attorney general under a provision
of the Business & Commerce Code that is received on or after the
effective date of this Act.
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, 2009.
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