| 1 | 1 | | 82R6527 AJA-D |
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| 2 | 2 | | By: Hughes H.B. No. 1418 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to inmate litigation. |
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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 14.002(a), Civil Practice and Remedies |
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| 10 | 10 | | Code, is amended to read as follows: |
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| 11 | 11 | | (a) This chapter applies only to an action, including an |
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| 12 | 12 | | appeal or original proceeding, [a suit] brought by an inmate in a |
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| 13 | 13 | | district, county, justice of the peace, or small claims court or an |
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| 14 | 14 | | appellate court, including the supreme court or the court of |
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| 15 | 15 | | criminal appeals, in which an affidavit or unsworn declaration of |
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| 16 | 16 | | inability to pay costs is filed by the inmate. |
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| 17 | 17 | | SECTION 2. Sections 14.004(a) and (b), Civil Practice and |
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| 18 | 18 | | Remedies Code, are amended to read as follows: |
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| 19 | 19 | | (a) An inmate who files an affidavit or unsworn declaration |
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| 20 | 20 | | of inability to pay costs shall file a separate affidavit or |
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| 21 | 21 | | declaration: |
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| 22 | 22 | | (1) identifying each action [suit], other than an |
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| 23 | 23 | | action [a suit] under the Family Code, previously brought by the |
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| 24 | 24 | | person and in which the person was not represented by an attorney, |
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| 25 | 25 | | without regard to whether the person was an inmate at the time the |
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| 26 | 26 | | action [suit] was brought; and |
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| 27 | 27 | | (2) describing each action [suit] that was previously |
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| 28 | 28 | | brought by: |
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| 29 | 29 | | (A) stating the operative facts for which relief |
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| 30 | 30 | | was sought; |
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| 31 | 31 | | (B) listing the case name, cause number, and the |
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| 32 | 32 | | court in which the action [suit] was brought; |
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| 33 | 33 | | (C) identifying each party named in the action |
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| 34 | 34 | | [suit]; and |
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| 35 | 35 | | (D) stating the result of the action [suit], |
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| 36 | 36 | | including whether the action or a claim that was a basis for the |
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| 37 | 37 | | action [suit] was dismissed as frivolous or malicious under Section |
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| 38 | 38 | | 13.001 or Section 14.003 or otherwise. |
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| 39 | 39 | | (b) If the affidavit or unsworn declaration filed under this |
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| 40 | 40 | | section states that a previous action or claim [suit] was dismissed |
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| 41 | 41 | | as frivolous or malicious, the affidavit or unsworn declaration |
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| 42 | 42 | | must state the date of the final order affirming the dismissal. |
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| 43 | 43 | | SECTION 3. Section 14.007(a), Civil Practice and Remedies |
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| 44 | 44 | | Code, is amended to read as follows: |
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| 45 | 45 | | (a) An order of a court under Section 14.006(a) shall |
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| 46 | 46 | | include the costs described by Subsection (b) if the court finds |
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| 47 | 47 | | that: |
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| 48 | 48 | | (1) the inmate has previously filed an action to which |
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| 49 | 49 | | this chapter applies [in a district, county, justice of the peace, |
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| 50 | 50 | | or small claims court]; and |
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| 51 | 51 | | (2) a final order has been issued that affirms that the |
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| 52 | 52 | | action was dismissed as frivolous or malicious under Section 13.001 |
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| 53 | 53 | | or Section 14.003 or otherwise. |
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| 54 | 54 | | SECTION 4. The change in law made by this Act applies only |
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| 55 | 55 | | to an action brought on or after the effective date of this Act. An |
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| 56 | 56 | | action brought before the effective date of this Act is governed by |
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| 57 | 57 | | the law in effect immediately before the effective date of this Act, |
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| 58 | 58 | | and that law is continued in effect for that purpose. |
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| 59 | 59 | | SECTION 5. This Act takes effect September 1, 2011. |
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