82R14815 AJA-D
By: Anchia, Jackson, et al. H.B. No. 417
Substitute the following for H.B. No. 417:
By: S. Davis of Harris C.S.H.B. No. 417
A BILL TO BE ENTITLED
AN ACT
relating to claims for compensation for wrongful imprisonment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter A, Chapter 103, Civil
Practice and Remedies Code, is amended to read as follows:
SUBCHAPTER A. ELIGIBILITY; NOTICE OF ELIGIBILITY [AND CHOICE OF
COMPENSATION METHOD]
SECTION 2. (a) This section takes effect only if the Act of
the 82nd Legislature, Regular Session, 2011, relating to
nonsubstantive additions to and corrections in enacted codes
becomes law.
(b) Subchapter A, Chapter 103, Civil Practice and Remedies
Code, is amended by adding Section 103.002 to read as follows:
Sec. 103.002. NOTICE TO WRONGFULLY IMPRISONED PERSON. (a)
In this section:
(1) "Department" means the Texas Department of
Criminal Justice.
(2) "Penal institution" has the meaning assigned by
Article 62.001, Code of Criminal Procedure.
(3) "Wrongfully imprisoned person" has the meaning
assigned by Section 501.102, Government Code.
(b) The department shall provide to each wrongfully
imprisoned person information, both orally and in writing, that
includes:
(1) guidance on how to obtain compensation under this
chapter; and
(2) a list of and contact information for nonprofit
advocacy groups, identified by the department, that assist
wrongfully imprisoned persons in filing claims for compensation
under this chapter.
(c) The department must provide the information required
under Subsection (b):
(1) at the time of the release of the wrongfully
imprisoned person from a penal institution; or
(2) if the wrongfully imprisoned person is not
confined in a penal institution, as soon as is practicable after the
date of the full pardon or granting of relief on the basis of
innocence or actual innocence, respectively.
SECTION 3. (a) This section takes effect only if the Act of
the 82nd Legislature, Regular Session, 2011, relating to
nonsubstantive additions to and corrections in enacted codes does
not become law.
(b) Subchapter A, Chapter 103, Civil Practice and Remedies
Code, is amended by adding Section 103.002 to read as follows:
Sec. 103.002. NOTICE TO WRONGFULLY IMPRISONED PERSON. (a)
In this section:
(1) "Department" means the Texas Department of
Criminal Justice.
(2) "Penal institution" has the meaning assigned by
Article 62.001, Code of Criminal Procedure.
(3) "Wrongfully imprisoned person" has the meaning
assigned by Section 501.091, Government Code, as added by Chapter
180 (H.B. 1736), Acts of the 81st Legislature, Regular Session,
2009.
(b) The department shall provide to each wrongfully
imprisoned person information, both orally and in writing, that
includes:
(1) guidance on how to obtain compensation under this
chapter; and
(2) a list of and contact information for nonprofit
advocacy groups, identified by the department, that assist
wrongfully imprisoned persons in filing claims for compensation
under this chapter.
(c) The department must provide the information required
under Subsection (b):
(1) at the time of the release of the wrongfully
imprisoned person from a penal institution; or
(2) if the wrongfully imprisoned person is not
confined in a penal institution, as soon as is practicable after the
date of the full pardon or granting of relief on the basis of
innocence or actual innocence, respectively.
SECTION 4. Section 103.051(d), Civil Practice and Remedies
Code, is amended to read as follows:
(d) If the comptroller denies the claim, the comptroller
must state the reason for the denial. Not later than the 30th
[10th] day after the date the denial is received, the claimant must
submit an application to cure any problem identified. Not later
than the 45th day after the date an application is received under
this subsection, the comptroller shall determine the claimant's
eligibility and the amount owed.
SECTION 5. Chapter 103, Civil Practice and Remedies Code,
is amended by adding Subchapter C to read as follows:
SUBCHAPTER C. FEES
Sec. 103.101. FEES LIMITED; PREREQUISITES TO FEE AGREEMENT.
(a) A person, including an attorney, may not charge or collect a
fee at a rate that exceeds the maximum rate established under
Section 103.102 for preparing, filing, or curing a claimant's
application under Section 103.051.
(b) An attorney may enter into a fee agreement with a
claimant for services related to an application under Section
103.051 only after the attorney has disclosed in writing to the
claimant the maximum rate for fees established under Section
103.102.
(c) An attorney may not charge or collect a fee for
preparing, filing, or curing a claimant's application under Section
103.051 before a final determination is made by the comptroller
that the claimant is eligible or ineligible for compensation under
this chapter.
Sec. 103.102. MAXIMUM HOURLY RATE. The maximum rate for
services related to preparing, filing, or curing an application
under Section 103.051 is $250 per hour.
Sec. 103.103. SUBMISSION OF FEE REPORT. (a) Together with
an application for compensation under this chapter or not later
than the 14th day after the date the application or cured
application is filed, a person seeking payment for preparing,
filing, or curing the application must file a fee report with the
comptroller's judiciary section.
(b) A fee report under this section must include:
(1) if the preparer is an attorney, a sworn copy of the
attorney's fee agreement, signed by the attorney and claimant;
(2) the total dollar amount sought for fees;
(3) the number of hours the person worked preparing,
filing, or curing the application; and
(4) a brief description of work done during those
hours.
Sec. 103.104. VIOLATION. An attorney who charges or
collects a fee for services described by Section 103.102 in an
amount that exceeds a fee computed in accordance with the maximum
rate established under that section shall be referred to the Office
of Chief Disciplinary Counsel for the State Bar of Texas.
SECTION 6. Section 501.091, Government Code, as added by
Chapter 180 (H.B. 1736), Acts of the 81st Legislature, Regular
Session, 2009, is amended by adding Subsection (d-1) to read as
follows:
(d-1) The department shall provide information to
wrongfully imprisoned persons as required by Section 103.002, Civil
Practice and Remedies Code.
SECTION 7. Subchapter C, Chapter 103, Civil Practice and
Remedies Code, as added by this Act, applies only to an attorney's
fee agreement entered into on or after January 1, 2012. An
attorney's fee agreement entered into before January 1, 2012, is
governed by the law as it existed immediately before the effective
date of this Act, and that law is continued in effect for that
purpose.
SECTION 8. This Act takes effect September 1, 2011.