LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION April 1, 2013 TO: Honorable Tan Parker, Chair, House Committee on Corrections FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB2442 by Parker (relating to a pre-suit deposition in inmate litigation. ), Committee Report 1st House, Substituted No significant fiscal implication to the State is anticipated. The bill would amend the Civil Practice and Remedies Code to require that a court determine whether an inmate's petition for a pre-suit deposition is frivolous or malicious, and if so, deny the petition. This bill may produce minimal positive fiscal impact as a result of the reduction of costs, expenses, and resources potential defendants would have expended or would have been attributable to having to proceed pursuant to Rule 202 of the Texas Rules of Civil Procedure. However, the Office of Court Administration cannot determine the amount. The Office of Attorney General and the Comptroller's Office report that the bill will have no fiscal impact to their agencies. The change in law would apply only to petitions filed on or after the bill's effective date. The bill would take effect September 1, 2013. Local Government Impact A minimal positive fiscal implication to units of local government is anticipated as a result of a reduction of costs local potential defendants would have had to expend. Source Agencies:212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General, 304 Comptroller of Public Accounts LBB Staff: UP, AM, ESi, TB
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION
April 1, 2013
TO: Honorable Tan Parker, Chair, House Committee on Corrections FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB2442 by Parker (relating to a pre-suit deposition in inmate litigation. ), Committee Report 1st House, Substituted
TO: Honorable Tan Parker, Chair, House Committee on Corrections
FROM: Ursula Parks, Director, Legislative Budget Board
IN RE: HB2442 by Parker (relating to a pre-suit deposition in inmate litigation. ), Committee Report 1st House, Substituted
Honorable Tan Parker, Chair, House Committee on Corrections
Honorable Tan Parker, Chair, House Committee on Corrections
Ursula Parks, Director, Legislative Budget Board
Ursula Parks, Director, Legislative Budget Board
HB2442 by Parker (relating to a pre-suit deposition in inmate litigation. ), Committee Report 1st House, Substituted
HB2442 by Parker (relating to a pre-suit deposition in inmate litigation. ), Committee Report 1st House, Substituted
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would amend the Civil Practice and Remedies Code to require that a court determine whether an inmate's petition for a pre-suit deposition is frivolous or malicious, and if so, deny the petition. This bill may produce minimal positive fiscal impact as a result of the reduction of costs, expenses, and resources potential defendants would have expended or would have been attributable to having to proceed pursuant to Rule 202 of the Texas Rules of Civil Procedure. However, the Office of Court Administration cannot determine the amount. The Office of Attorney General and the Comptroller's Office report that the bill will have no fiscal impact to their agencies. The change in law would apply only to petitions filed on or after the bill's effective date. The bill would take effect September 1, 2013.
The bill would amend the Civil Practice and Remedies Code to require that a court determine whether an inmate's petition for a pre-suit deposition is frivolous or malicious, and if so, deny the petition. This bill may produce minimal positive fiscal impact as a result of the reduction of costs, expenses, and resources potential defendants would have expended or would have been attributable to having to proceed pursuant to Rule 202 of the Texas Rules of Civil Procedure. However, the Office of Court Administration cannot determine the amount. The Office of Attorney General and the Comptroller's Office report that the bill will have no fiscal impact to their agencies.
The change in law would apply only to petitions filed on or after the bill's effective date. The bill would take effect September 1, 2013.
Local Government Impact
A minimal positive fiscal implication to units of local government is anticipated as a result of a reduction of costs local potential defendants would have had to expend.
Source Agencies: 212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General, 304 Comptroller of Public Accounts
212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General, 304 Comptroller of Public Accounts
LBB Staff: UP, AM, ESi, TB
UP, AM, ESi, TB