| 1 | 1 | | S.B. No. 2279 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the dedication of certain civil penalties for |
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| 6 | 6 | | violations of the Deceptive Trade Practices-Consumer Protection |
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| 7 | 7 | | Act to provide civil legal services to the indigent. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 402.007, Government Code, is amended to |
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| 10 | 10 | | read as follows: |
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| 11 | 11 | | Sec. 402.007. PAYMENT TO TREASURY; ALLOCATION OF CERTAIN |
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| 12 | 12 | | PENALTIES. (a) The attorney general shall immediately pay into |
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| 13 | 13 | | the state treasury money received for a debt or penalty. |
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| 14 | 14 | | (b) Subject to Subsection (c), the comptroller shall credit |
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| 15 | 15 | | to the judicial fund for programs approved by the supreme court that |
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| 16 | 16 | | provide basic civil legal services to the indigent the net amount of |
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| 17 | 17 | | a civil penalty that is recovered in an action by the attorney |
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| 18 | 18 | | general in any matter actionable under Subchapter E, Chapter 17, |
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| 19 | 19 | | Business & Commerce Code, after deducting amounts allocated to or |
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| 20 | 20 | | retained by the attorney general as authorized by law, unless: |
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| 21 | 21 | | (1) another law requires that the penalty be credited |
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| 22 | 22 | | to a different fund or account; or |
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| 23 | 23 | | (2) the judgment awarding the penalty requires that |
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| 24 | 24 | | the penalty be paid to another named recipient. |
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| 25 | 25 | | (c) The total amount credited to the judicial fund for |
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| 26 | 26 | | programs approved by the supreme court that provide basic civil |
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| 27 | 27 | | legal services to the indigent under Subsection (b) may not exceed |
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| 28 | 28 | | $10 million per state fiscal biennium. |
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| 29 | 29 | | SECTION 2. The change in law made by this Act applies to a |
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| 30 | 30 | | civil penalty in an action by the attorney general in any matter |
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| 31 | 31 | | actionable under Subchapter E, Chapter 17, Business & Commerce |
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| 32 | 32 | | Code, that is received on or after the effective date of this Act. |
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| 33 | 33 | | SECTION 3. This Act takes effect immediately if it receives |
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| 34 | 34 | | a vote of two-thirds of all the members elected to each house, as |
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| 35 | 35 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 36 | 36 | | Act does not receive the vote necessary for immediate effect, this |
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| 37 | 37 | | Act takes effect September 1, 2009. |
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| 38 | 38 | | ______________________________ ______________________________ |
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| 39 | 39 | | President of the Senate Speaker of the House |
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| 40 | 40 | | I hereby certify that S.B. No. 2279 passed the Senate on |
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| 41 | 41 | | April 30, 2009, by the following vote: Yeas 31, Nays 0; and that |
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| 42 | 42 | | the Senate concurred in House amendment on May 29, 2009, by the |
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| 43 | 43 | | following vote: Yeas 31, Nays 0. |
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| 44 | 44 | | ______________________________ |
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| 45 | 45 | | Secretary of the Senate |
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| 46 | 46 | | I hereby certify that S.B. No. 2279 passed the House, with |
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| 47 | 47 | | amendment, on May 27, 2009, by the following vote: Yeas 148, |
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| 48 | 48 | | Nays 0, one present not voting. |
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| 49 | 49 | | ______________________________ |
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| 50 | 50 | | Chief Clerk of the House |
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| 51 | 51 | | Approved: |
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| 52 | 52 | | ______________________________ |
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| 53 | 53 | | Date |
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| 54 | 54 | | ______________________________ |
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| 55 | 55 | | Governor |
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