82R6527 AJA-D
By: Hughes H.B. No. 1418
A BILL TO BE ENTITLED
AN ACT
relating to inmate litigation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 14.002(a), Civil Practice and Remedies
Code, is amended to read as follows:
(a) This chapter applies only to an action, including an
appeal or original proceeding, [a suit] brought by an inmate in a
district, county, justice of the peace, or small claims court or an
appellate court, including the supreme court or the court of
criminal appeals, in which an affidavit or unsworn declaration of
inability to pay costs is filed by the inmate.
SECTION 2. Sections 14.004(a) and (b), Civil Practice and
Remedies Code, are amended to read as follows:
(a) An inmate who files an affidavit or unsworn declaration
of inability to pay costs shall file a separate affidavit or
declaration:
(1) identifying each action [suit], other than an
action [a suit] under the Family Code, previously brought by the
person and in which the person was not represented by an attorney,
without regard to whether the person was an inmate at the time the
action [suit] was brought; and
(2) describing each action [suit] that was previously
brought by:
(A) stating the operative facts for which relief
was sought;
(B) listing the case name, cause number, and the
court in which the action [suit] was brought;
(C) identifying each party named in the action
[suit]; and
(D) stating the result of the action [suit],
including whether the action or a claim that was a basis for the
action [suit] was dismissed as frivolous or malicious under Section
13.001 or Section 14.003 or otherwise.
(b) If the affidavit or unsworn declaration filed under this
section states that a previous action or claim [suit] was dismissed
as frivolous or malicious, the affidavit or unsworn declaration
must state the date of the final order affirming the dismissal.
SECTION 3. Section 14.007(a), Civil Practice and Remedies
Code, is amended to read as follows:
(a) An order of a court under Section 14.006(a) shall
include the costs described by Subsection (b) if the court finds
that:
(1) the inmate has previously filed an action to which
this chapter applies [in a district, county, justice of the peace,
or small claims court]; and
(2) a final order has been issued that affirms that the
action was dismissed as frivolous or malicious under Section 13.001
or Section 14.003 or otherwise.
SECTION 4. The change in law made by this Act applies only
to an action brought on or after the effective date of this Act. An
action brought 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 5. This Act takes effect September 1, 2011.