Texas Senate Bill SB2279

Texas 2009 - 81st Regular

• Out of Senate Committee: 4/20/09
• Voted on by Senate: 4/30/09
• Out of House Committee: 5/23/09
• Voted on by House: 5/27/09
• Governor Action: 6/19/09
• Enrolled: 5/29/09
• Passed: 6/19/09

Caption

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.

Impact

The enactment of SB2279 is expected to have a positive impact on the accessibility of legal services for indigent populations in Texas. By allocating additional funding to civil legal aid, the bill will enhance legal assistance for individuals facing civil legal matters. This is especially crucial as many low-income individuals often struggle to navigate the legal system without professional help, thus, improving their chances of receiving fair treatment in civil cases.

Summary

SB2279 aims to amend the Government Code to dedicate certain civil penalties collected from violations of the Business & Commerce Code to funding civil legal services for indigent individuals. Specifically, the bill proposes that any civil penalties paid into the state treasury, following actions taken by the Attorney General under the Business & Commerce Code, should be directed to a judicial fund. This fund is designated for programs approved by the Texas Supreme Court that provide basic civil legal services to those unable to afford them.

Contention

While the bill seems to have a noble intent, there may be points of contention regarding the sufficiency of funding raised through civil penalties and whether this will adequately meet the demand for legal services among low-income residents. Opponents might argue about the stability and reliability of such funding sources, considering that penalties can fluctuate based on enforcement and compliance with the Business & Commerce Code. Furthermore, discussions may arise about the overall effectiveness of relying on this model to enhance access to justice for the indigent.

Additional_notes

The bill provides a legislative mechanism for ensuring that penalties, which otherwise might go into general funds, are specifically earmarked for a social cause, indicating a shift towards addressing legal aid needs through state legislative action. Overall, SB2279 reflects a proactive approach to improving civil legal resources for marginalized groups.