| 1 | 1 | | 87R6106 CJC-D |
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| 2 | 2 | | By: Dutton H.B. No. 1716 |
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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 the personal liability of the attorney general for |
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| 8 | 8 | | certain frivolous lawsuits. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter A, Chapter 402, Government Code, is |
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| 11 | 11 | | amended by adding Section 402.011 to read as follows: |
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| 12 | 12 | | Sec. 402.011. PERSONAL LIABILITY OF ATTORNEY GENERAL FOR |
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| 13 | 13 | | FRIVOLOUS ACTION. (a) In this section, "frivolous civil action" |
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| 14 | 14 | | means a civil cause of action to which the state is a party that: |
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| 15 | 15 | | (1) is prosecuted by the attorney general in a court of |
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| 16 | 16 | | another state or in federal court; and |
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| 17 | 17 | | (2) the court in which the cause is filed determines: |
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| 18 | 18 | | (A) has no basis in fact; or |
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| 19 | 19 | | (B) is not warranted by existing law or a good |
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| 20 | 20 | | faith argument for the extension, modification, or reversal of |
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| 21 | 21 | | existing law. |
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| 22 | 22 | | (b) Notwithstanding any other law, the attorney general is |
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| 23 | 23 | | personally liable to the state for the total cost of prosecution by |
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| 24 | 24 | | the attorney general of a frivolous civil action. |
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| 25 | 25 | | (c) Not later than the 180th day after the date the court |
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| 26 | 26 | | makes a determination described by Subsection (a)(2), the attorney |
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| 27 | 27 | | general shall pay into the state treasury the amount described by |
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| 28 | 28 | | Subsection (b), as determined by the comptroller, using the |
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| 29 | 29 | | attorney general's personal funds. |
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| 30 | 30 | | (d) The attorney general may not assert official immunity or |
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| 31 | 31 | | any other form of immunity as a defense against liability under this |
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| 32 | 32 | | section. |
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| 33 | 33 | | (e) The comptroller may request information necessary to |
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| 34 | 34 | | determine the amount described by Subsection (b) from the office of |
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| 35 | 35 | | the attorney general. The office of the attorney general shall |
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| 36 | 36 | | provide the requested information in a reasonable amount of time. |
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| 37 | 37 | | SECTION 2. Section 402.011, Government Code, as added by |
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| 38 | 38 | | this Act, applies only to a cause of action filed on or after the |
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| 39 | 39 | | effective date of this Act. A cause of action filed before the |
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| 40 | 40 | | effective date of this Act is governed by the law in effect |
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| 41 | 41 | | immediately before the effective date of this Act, and that law is |
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| 42 | 42 | | continued in effect for that purpose. |
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| 43 | 43 | | SECTION 3. This Act takes effect immediately if it receives |
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| 44 | 44 | | a vote of two-thirds of all the members elected to each house, as |
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| 45 | 45 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 46 | 46 | | Act does not receive the vote necessary for immediate effect, this |
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| 47 | 47 | | Act takes effect September 1, 2021. |
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