Texas 2021 - 87th Regular

Texas House Bill HB3360 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Murr (Senate Sponsor - Perry) H.B. No. 3360
2		-	(In the Senate - Received from the House May 3, 2021;
3		-	May 13, 2021, read first time and referred to Committee on
4		-	Jurisprudence; May 21, 2021, reported favorably by the following
5		-	vote: Yeas 5, Nays 0; May 21, 2021, sent to printer.)
6		-	Click here to see the committee vote
	1	+	87R1329 SCL-F
	2	+	By: Murr H.B. No. 3360
7	3
8	4
9	5		A BILL TO BE ENTITLED
10	6		AN ACT
11	7		relating to civil actions by a civilly committed individual.
12	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	9		SECTION 1. Subtitle A, Title 2, Civil Practice and Remedies
14	10		Code, is amended by adding Chapter 14B to read as follows:
15	11		CHAPTER 14B. LITIGATION BY CIVILLY COMMITTED INDIVIDUAL
16	12		SUBCHAPTER A. GENERAL PROVISIONS
17	13		Sec. 14B.0001. DEFINITIONS. In this chapter:
18	14		(1) "Civilly committed individual" means a sexually
19	15		violent predator as defined by Section 841.003, Health and Safety
20	16		Code, who has been committed to a facility operated by or under
21	17		contract with the Texas Civil Commitment Office.
22	18		(2) "Claim" means a cause of action governed by this
23	19		chapter.
24	20		(3) "Office" means the Texas Civil Commitment Office.
25	21		(4) "Trust account" means a civilly committed
26	22		individual's trust account administered by the office or by a
27	23		facility under contract with the office.
28	24		(5) "Unsworn declaration" means a document executed in
29	25		accordance with Chapter 132.
30	26		Sec. 14B.0002. SCOPE OF CHAPTER. (a) This chapter applies
31	27		only to an action, including an appeal or original proceeding,
32	28		brought by a civilly committed individual in a district, county, or
33	29		justice court or an appellate court, including the supreme court or
34	30		the court of criminal appeals, in which an affidavit or unsworn
35	31		declaration of inability to pay costs is filed by the civilly
36	32		committed individual.
37	33		(b) This chapter does not apply to an action brought under
38	34		the Family Code.
39	35		SUBCHAPTER B. DISMISSAL OF AND REQUIREMENTS FOR CLAIM
40	36		Sec. 14B.0051. DISMISSAL OF FALSE, FRIVOLOUS, OR MALICIOUS
41	37		CLAIM. (a) A court may dismiss a claim, either before or after
42	38		service of process, if the court finds that:
43	39		(1) the allegation of poverty in the affidavit or
44	40		unsworn declaration is false;
45	41		(2) the claim is frivolous or malicious; or
46	42		(3) the civilly committed individual filed an
47	43		affidavit or unsworn declaration required by this chapter that the
48	44		individual knew was false.
49	45		(b) In determining whether a claim is frivolous or
50	46		malicious, the court may consider whether:
51	47		(1) the claim's realistic chance of ultimate success
52	48		is slight;
53	49		(2) the claim has no arguable basis in law or in fact;
54	50		(3) it is clear that the civilly committed individual
55	51		cannot prove the facts in support of the claim; or
56	52		(4) the claim is substantially similar to a previous
57	53		claim filed by the civilly committed individual because the claim
58	54		arises from the same operative facts.
59	55		(c) In determining whether Subsection (a) applies, the
60	56		court may hold a hearing. The hearing may be held before or after
61	57		service of process, and it may be held on motion of the court, a
62	58		party, or the clerk of the court.
63	59		(d) On the filing of a motion under Subsection (c), the
64	60		court shall suspend discovery relating to the claim pending the
65	61		hearing.
66	62		(e) A court that dismisses a claim brought by a civilly
67	63		committed individual housed in a facility operated by or under
68	64		contract with the office may notify the office of the dismissal and,
69	65		on the court's own motion or the motion of any party or the clerk of
70	66		the court, may advise the office that a mental health evaluation of
71	67		the individual may be appropriate.
72	68		Sec. 14B.0052. AFFIDAVIT RELATING TO PREVIOUS FILINGS. (a)
73	69		A civilly committed individual who files an affidavit or unsworn
74	70		declaration of inability to pay costs shall file a separate
75	71		affidavit or declaration:
76	72		(1) identifying the court that ordered the
77	73		individual's civil commitment under Chapter 841, Health and Safety
78	74		Code;
79	75		(2) indicating whether any cause of action or
80	76		allegation contained in the petition has previously been filed in
81	77		any other court, and if so, stating the cause of action or
82	78		allegation previously filed and complying with Subdivision (6) and
83	79		Subsection (b);
84	80		(3) identifying each action, other than an action
85	81		under the Family Code, previously brought by the individual in
86	82		which the individual was not represented by an attorney, without
87	83		regard to whether the individual was civilly committed at the time
88	84		the action was brought;
89	85		(4) certifying that all grievance processes
90	86		applicable to the matter that is the basis of the claim, if any,
91	87		have been exhausted;
92	88		(5) certifying that no court has found the individual
93	89		to be a vexatious litigant under Chapter 11; and
94	90		(6) describing each action that was previously brought
95	91		by:
96	92		(A) stating the operative facts for which relief
97	93		was sought;
98	94		(B) listing the case name, the cause number, and
99	95		the court in which the action was brought;
100	96		(C) identifying each party named in the action;
101	97		and
102	98		(D) stating the result of the action, including
103	99		whether the action or a claim that was a basis for the action was
104	100		dismissed as frivolous or malicious under Section 13.001, 14.003,
105	101		or 14B.0051 or otherwise.
106	102		(b) If the affidavit or unsworn declaration filed under this
107	103		section states that a previous action or claim was dismissed as
108	104		frivolous or malicious, the affidavit or unsworn declaration must
109	105		state the date of the final order affirming the dismissal.
110	106		(c) The affidavit or unsworn declaration must be
111	107		accompanied by the certified copy of the trust account statement
112	108		required by Section 14B.0054(f).
113	109		Sec. 14B.0053. GRIEVANCE SYSTEM DECISION; EXHAUSTION OF
114	110		ADMINISTRATIVE REMEDIES. (a) A civilly committed individual who
115	111		files a claim that is subject to a grievance system established by
116	112		the office or a facility under contract with the office shall file
117	113		with the court:
118	114		(1) an affidavit or unsworn declaration stating the
119	115		date that the grievance was filed and the date the written decision
120	116		was received by the individual; and
121	117		(2) a copy of the written decision from the grievance
122	118		system.
123	119		(b) A court shall dismiss a claim if the civilly committed
124	120		individual fails to file the claim before the 31st day after the
125	121		date the individual receives the written decision from the
126	122		grievance system.
127	123		(c) If a claim is filed before the grievance system
128	124		procedure is complete, the court shall stay the proceeding with
129	125		respect to the claim for a period not to exceed 180 days to permit
130	126		completion of the grievance system procedure.
131	127		Sec. 14B.0054. COURT FEES, COURT COSTS, OTHER COSTS. (a) A
132	128		court may order a civilly committed individual who has filed a claim
133	129		to pay court fees, court costs, and other costs in accordance with
134	130		this section and Section 14B.0055. The clerk of the court shall mail
135	131		a copy of the court's order and a certified bill of costs to the
136	132		office or facility under contract with the office, as appropriate.
137	133		(b) On the court's order, the civilly committed individual
138	134		shall pay an amount equal to the lesser of:
139	135		(1) 20 percent of the preceding six months' deposits to
140	136		the individual's trust account; or
141	137		(2) the total amount of court fees, court costs, and
142	138		other costs.
143	139		(c) In each month following the month in which payment is
144	140		made under Subsection (b), the civilly committed individual shall
145	141		pay an amount equal to the lesser of:
146	142		(1) 10 percent of that month's deposits to the trust
147	143		account; or
148	144		(2) the total amount of court fees, court costs, and
149	145		other costs that remains unpaid.
150	146		(d) Payments under Subsection (c) shall continue until the
151	147		total amount of court fees, court costs, and other costs are paid or
152	148		until the civilly committed individual is released from
153	149		confinement.
154	150		(e) On receipt of a copy of an order issued under Subsection
155	151		(a), the office or facility under contract with the office shall
156	152		withdraw money from the trust account in accordance with
157	153		Subsections (b), (c), and (d). The office or facility shall hold the
158	154		money in a separate account and shall forward the money to the court
159	155		clerk on the earlier of the following dates:
160	156		(1) the date the total amount to be forwarded equals
161	157		the total amount of court fees, court costs, and other costs that
162	158		remains unpaid; or
163	159		(2) the date the civilly committed individual is
164	160		released.
165	161		(f) The civilly committed individual shall file a certified
166	162		copy of the individual's trust account statement with the court.
167	163		The statement must reflect the balance of the account at the time
168	164		the claim is filed and activity in the account during the six months
169	165		preceding the date on which the claim is filed. The court may
170	166		request the office to furnish the information required under this
171	167		subsection.
172	168		(g) A civilly committed individual may authorize payment in
173	169		addition to that required by this section.
174	170		(h) The court may dismiss a claim if the civilly committed
175	171		individual fails to pay fees and costs assessed under this section.
176	172		(i) A civilly committed individual may not avoid the fees
177	173		and costs assessed under this section by nonsuiting a party or by
178	174		voluntarily dismissing the action.
179	175		Sec. 14B.0055. OTHER COSTS. (a) An order of a court under
180	176		Section 14B.0054(a) shall include the costs described by Subsection
181	177		(b) if the court finds that:
182	178		(1) the civilly committed individual has previously
183	179		filed an action to which this chapter or Chapter 14 applies; and
184	180		(2) a final order has been issued that affirms that the
185	181		action was dismissed as frivolous or malicious under Section
186	182		13.001, 14.003, or 14B.0051 or otherwise.
187	183		(b) If Subsection (a) applies, costs of court shall include
188	184		expenses incurred by the court or by the office or facility under
189	185		contract with the office, in connection with the claim and not
190	186		otherwise charged to the civilly committed individual under Section
191	187		14B.0054, including:
192	188		(1) expenses of service of process;
193	189		(2) postage; and
194	190		(3) transportation, housing, or medical care incurred
195	191		in connection with the appearance of the individual in the court for
196	192		any proceeding.
197	193		Sec. 14B.0056. HEARING. (a) The court may hold a hearing
198	194		under this chapter at a facility operated by or under contract with
199	195		the office or may conduct the hearing with video communications
200	196		technology that permits the court to see and hear the civilly
201	197		committed individual and that permits the individual to see and
202	198		hear the court and any other witness.
203	199		(b) A hearing conducted under this section by video
204	200		communications technology shall be recorded on videotape or by
205	201		other electronic means. The recording is sufficient to serve as a
206	202		permanent record of the hearing.
207	203		Sec. 14B.0057. SUBMISSION OF EVIDENCE. (a) The court may
208	204		request a person with an admissible document or admissible
209	205		testimony relevant to the subject matter of the hearing to submit a
210	206		copy of the document or written statement stating the substance of
211	207		the testimony.
212	208		(b) A written statement submitted under this section must be
213	209		made under oath or made as an unsworn declaration under Section
214	210		132.001.
215	211		(c) A copy of a document submitted under this section must
216	212		be accompanied by a certification executed under oath by an
217	213		appropriate custodian of the record stating that the copy is
218	214		correct and any other matter relating to the admissibility of the
219	215		document that the court requires.
220	216		(d) A person submitting a written statement or document
221	217		under this section is not required to appear at the hearing.
222	218		(e) The court shall require that the civilly committed
223	219		individual be provided with a copy of each written statement or
224	220		document not later than the 14th day before the date on which the
225	221		hearing is to begin.
226	222		Sec. 14B.0058. DISMISSAL OF CLAIM. (a) The court may enter
227	223		an order dismissing the entire claim or a portion of the claim under
228	224		this chapter.
229	225		(b) If a portion of the claim is dismissed, the court shall
230	226		designate the issues and defendants on which the claim may proceed,
231	227		subject to Sections 14B.0054 and 14B.0055.
232	228		(c) An order under this section is not subject to
233	229		interlocutory appeal by the civilly committed individual.
234	230		Sec. 14B.0059. EFFECT ON OTHER CLAIMS. (a) Except as
235	231		provided by Subsection (b), on receipt of an order assessing fees
236	232		and costs under Section 14B.0054 that indicates that the court made
237	233		the finding described by Section 14B.0055(a), a clerk of a court may
238	234		not accept for filing another claim by the civilly committed
239	235		individual until the fees and costs assessed under Section 14B.0054
240	236		are paid.
241	237		(b) A court may allow a civilly committed individual who has
242	238		not paid the fees and costs assessed against the individual to file
243	239		a claim for injunctive relief seeking to enjoin an act or failure to
244	240		act that creates a substantial threat of irreparable injury or
245	241		serious physical harm to the individual.
246	242		Sec. 14B.0060. QUESTIONNAIRE. To implement this chapter, a
247	243		court may develop, for use in that court, a questionnaire to be
248	244		filed by the civilly committed individual.
249	245		Sec. 14B.0061. REVIEW AND RECOMMENDATION BY MAGISTRATES.
250	246		(a) The supreme court shall, by rule, adopt a system under which a
251	247		court may refer a suit governed by this chapter to a magistrate for
252	248		review and recommendation.
253	249		(b) The system adopted under Subsection (a) may be funded
254	250		from money appropriated to the supreme court or from money received
255	251		by the supreme court through interagency contract or contracts.
256	252		(c) For the purposes of Section 14B.0062, the adoption of a
257	253		system by rule under Subsection (a) does not constitute a
258	254		modification or repeal of a provision of this chapter.
259	255		Sec. 14B.0062. CONFLICT WITH TEXAS RULES OF CIVIL
260	256		PROCEDURE. Notwithstanding Section 22.004, Government Code, this
261	257		chapter may not be modified or repealed by a rule adopted by the
262	258		supreme court.
263	259		SECTION 2. Chapter 14B, Civil Practice and Remedies Code,
264	260		as added by this Act, applies only to an action filed on or after the
265	261		effective date of this Act.
266	262		SECTION 3. This Act takes effect September 1, 2021.
267		-	* * * * *