Texas Senate Bill SB635

Texas 2013 - 83rd Regular

Caption

Relating to the distribution of certain civil penalties and civil restitution received by the attorney general.

Impact

The bill aims to assist programs approved by the Supreme Court that provide essential legal services to low-income individuals. By allocating a portion of civil penalties and restitution, estimated to not exceed $50 million per fiscal biennium, SB635 emphasizes the importance of ensuring that those in need have access to legal support. This move is expected to bolster the legal aid infrastructure in Texas and address some of the unmet legal needs present within the indigent population.

Summary

SB635 amends Section 402.007 of the Government Code concerning the distribution of civil penalties and civil restitution received by the Attorney General. The bill stipulates that any civil penalty or restitution funds collected are to be deposited into the state treasury, with specific allocations targeting legal services for the indigent. This creates a structured process for the Attorney General to manage these funds while also enhancing the availability of civil legal assistance for those unable to afford it.

Contention

Notably, the bill incorporates provisions that allow the Attorney General to seek court motions for civil restitution when determining the recipients of these funds can be challenging. The stipulations under which the Attorney General can request a judgment for allocation to the judicial fund reflect the complexities involved in identifying victim recipients of civil restitution. This aspect of the bill has raised some discussions regarding fairness and due process in ensuring that victims are recognized and compensated appropriately while managing the legal intricacies involved.