Texas 2015 - 84th Regular

Texas Senate Bill SB1906 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R2268 SCL-D
2	2	By: Perry S.B. No. 1906
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the distribution of certain civil penalties, civil
8	8	restitution, and other payments received by the attorney general.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 402.007(b), Government Code, is amended
11	11	to read as follows:
12	12	(b) Notwithstanding Section 404.094, and subject [Subject]
13	13	to Subsection (d), the comptroller shall credit to the judicial
14	14	fund for programs approved by the supreme court that provide basic
15	15	civil legal services to the indigent the net amount of:
16	16	(1) a civil penalty that is recovered in an action by
17	17	the attorney general [in any matter actionable under Subchapter E,
18	18	Chapter 17, Business & Commerce Code], after deducting amounts
19	19	allocated to or retained by the attorney general as authorized by
20	20	law, unless:
21	21	(A) another law requires that the penalty be
22	22	credited to a different fund or account; or
23	23	(B) the judgment awarding the penalty requires
24	24	that the penalty be paid to another named recipient; [and]
25	25	(2) civil restitution recovered by the attorney
26	26	general in an action brought by the attorney general [arising from
27	27	conduct that violates a consumer protection, public health, or
28	28	general welfare law,] if, on the hearing of an ex parte motion filed
29	29	by the attorney general after the entry of a judgment awarding civil
30	30	restitution, the court:
31	31	(A) determines that, based on the facts and
32	32	circumstances of the case:
33	33	(i) it is impossible or impracticable to
34	34	identify injured parties;
35	35	(ii) it is impossible or impracticable to
36	36	determine the degree to which each claimant was injured and
37	37	entitled to recover;
38	38	(iii) the cost of administering a claim
39	39	procedure will disproportionately reduce the amount of restitution
40	40	available for the payment of individual claims; or
41	41	(iv) the claims of all identifiable persons
42	42	eligible to receive restitution have been paid without exhausting
43	43	the funds available for restitution; and
44	44	(B) enters a judgment or order that the
45	45	restitution be credited to the judicial fund for programs approved
46	46	by the supreme court that provide basic civil legal services to the
47	47	indigent; and
48	48	(3) any other type of payment a judgment directs to be
49	49	allocated to the state that is recovered in an action by the
50	50	attorney general arising from conduct that violates a consumer
51	51	protection, public health, or general welfare law, after deducting
52	52	amounts allocated to or retained by the attorney general as
53	53	authorized by law, unless:
54	54	(A) another law requires that the payment be
55	55	credited to a different fund or account; or
56	56	(B) the judgment awarding the payment requires
57	57	that the payment be made to the state to be distributed to another
58	58	named recipient.
59	59	SECTION 2. The change in law made by this Act applies only
60	60	to a civil penalty, civil restitution, or another payment that is
61	61	received by the attorney general on or after the effective date of
62	62	this Act. A civil penalty, civil restitution, or another payment
63	63	received by the attorney general before the effective date of this
64	64	Act is governed by the law in effect immediately before the
65	65	effective date of this Act, and that law is continued in effect for
66	66	that purpose.
67	67	SECTION 3. This Act takes effect immediately if it receives
68	68	a vote of two-thirds of all the members elected to each house, as
69	69	provided by Section 39, Article III, Texas Constitution. If this
70	70	Act does not receive the vote necessary for immediate effect, this
71	71	Act takes effect September 1, 2015.