Texas 2021 - 87th Regular

Texas Senate Bill SB908 Compare Versions

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

Old	New	Differences
1	1	87R1329 SCL-F
2	2	By: Perry S.B. No. 908
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to civil actions by a civilly committed individual.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle A, Title 2, Civil Practice and Remedies
10	10	Code, is amended by adding Chapter 14B to read as follows:
11	11	CHAPTER 14B. LITIGATION BY CIVILLY COMMITTED INDIVIDUAL
12	12	SUBCHAPTER A. GENERAL PROVISIONS
13	13	Sec. 14B.0001. DEFINITIONS. In this chapter:
14	14	(1) "Civilly committed individual" means a sexually
15	15	violent predator as defined by Section 841.003, Health and Safety
16	16	Code, who has been committed to a facility operated by or under
17	17	contract with the Texas Civil Commitment Office.
18	18	(2) "Claim" means a cause of action governed by this
19	19	chapter.
20	20	(3) "Office" means the Texas Civil Commitment Office.
21	21	(4) "Trust account" means a civilly committed
22	22	individual's trust account administered by the office or by a
23	23	facility under contract with the office.
24	24	(5) "Unsworn declaration" means a document executed in
25	25	accordance with Chapter 132.
26	26	Sec. 14B.0002. SCOPE OF CHAPTER. (a) This chapter applies
27	27	only to an action, including an appeal or original proceeding,
28	28	brought by a civilly committed individual in a district, county, or
29	29	justice court or an appellate court, including the supreme court or
30	30	the court of criminal appeals, in which an affidavit or unsworn
31	31	declaration of inability to pay costs is filed by the civilly
32	32	committed individual.
33	33	(b) This chapter does not apply to an action brought under
34	34	the Family Code.
35	35	SUBCHAPTER B. DISMISSAL OF AND REQUIREMENTS FOR CLAIM
36	36	Sec. 14B.0051. DISMISSAL OF FALSE, FRIVOLOUS, OR MALICIOUS
37	37	CLAIM. (a) A court may dismiss a claim, either before or after
38	38	service of process, if the court finds that:
39	39	(1) the allegation of poverty in the affidavit or
40	40	unsworn declaration is false;
41	41	(2) the claim is frivolous or malicious; or
42	42	(3) the civilly committed individual filed an
43	43	affidavit or unsworn declaration required by this chapter that the
44	44	individual knew was false.
45	45	(b) In determining whether a claim is frivolous or
46	46	malicious, the court may consider whether:
47	47	(1) the claim's realistic chance of ultimate success
48	48	is slight;
49	49	(2) the claim has no arguable basis in law or in fact;
50	50	(3) it is clear that the civilly committed individual
51	51	cannot prove the facts in support of the claim; or
52	52	(4) the claim is substantially similar to a previous
53	53	claim filed by the civilly committed individual because the claim
54	54	arises from the same operative facts.
55	55	(c) In determining whether Subsection (a) applies, the
56	56	court may hold a hearing. The hearing may be held before or after
57	57	service of process, and it may be held on motion of the court, a
58	58	party, or the clerk of the court.
59	59	(d) On the filing of a motion under Subsection (c), the
60	60	court shall suspend discovery relating to the claim pending the
61	61	hearing.
62	62	(e) A court that dismisses a claim brought by a civilly
63	63	committed individual housed in a facility operated by or under
64	64	contract with the office may notify the office of the dismissal and,
65	65	on the court's own motion or the motion of any party or the clerk of
66	66	the court, may advise the office that a mental health evaluation of
67	67	the individual may be appropriate.
68	68	Sec. 14B.0052. AFFIDAVIT RELATING TO PREVIOUS FILINGS. (a)
69	69	A civilly committed individual who files an affidavit or unsworn
70	70	declaration of inability to pay costs shall file a separate
71	71	affidavit or declaration:
72	72	(1) identifying the court that ordered the
73	73	individual's civil commitment under Chapter 841, Health and Safety
74	74	Code;
75	75	(2) indicating whether any cause of action or
76	76	allegation contained in the petition has previously been filed in
77	77	any other court, and if so, stating the cause of action or
78	78	allegation previously filed and complying with Subdivision (6) and
79	79	Subsection (b);
80	80	(3) identifying each action, other than an action
81	81	under the Family Code, previously brought by the individual in
82	82	which the individual was not represented by an attorney, without
83	83	regard to whether the individual was civilly committed at the time
84	84	the action was brought;
85	85	(4) certifying that all grievance processes
86	86	applicable to the matter that is the basis of the claim, if any,
87	87	have been exhausted;
88	88	(5) certifying that no court has found the individual
89	89	to be a vexatious litigant under Chapter 11; and
90	90	(6) describing each action that was previously brought
91	91	by:
92	92	(A) stating the operative facts for which relief
93	93	was sought;
94	94	(B) listing the case name, the cause number, and
95	95	the court in which the action was brought;
96	96	(C) identifying each party named in the action;
97	97	and
98	98	(D) stating the result of the action, including
99	99	whether the action or a claim that was a basis for the action was
100	100	dismissed as frivolous or malicious under Section 13.001, 14.003,
101	101	or 14B.0051 or otherwise.
102	102	(b) If the affidavit or unsworn declaration filed under this
103	103	section states that a previous action or claim was dismissed as
104	104	frivolous or malicious, the affidavit or unsworn declaration must
105	105	state the date of the final order affirming the dismissal.
106	106	(c) The affidavit or unsworn declaration must be
107	107	accompanied by the certified copy of the trust account statement
108	108	required by Section 14B.0054(f).
109	109	Sec. 14B.0053. GRIEVANCE SYSTEM DECISION; EXHAUSTION OF
110	110	ADMINISTRATIVE REMEDIES. (a) A civilly committed individual who
111	111	files a claim that is subject to a grievance system established by
112	112	the office or a facility under contract with the office shall file
113	113	with the court:
114	114	(1) an affidavit or unsworn declaration stating the
115	115	date that the grievance was filed and the date the written decision
116	116	was received by the individual; and
117	117	(2) a copy of the written decision from the grievance
118	118	system.
119	119	(b) A court shall dismiss a claim if the civilly committed
120	120	individual fails to file the claim before the 31st day after the
121	121	date the individual receives the written decision from the
122	122	grievance system.
123	123	(c) If a claim is filed before the grievance system
124	124	procedure is complete, the court shall stay the proceeding with
125	125	respect to the claim for a period not to exceed 180 days to permit
126	126	completion of the grievance system procedure.
127	127	Sec. 14B.0054. COURT FEES, COURT COSTS, OTHER COSTS. (a) A
128	128	court may order a civilly committed individual who has filed a claim
129	129	to pay court fees, court costs, and other costs in accordance with
130	130	this section and Section 14B.0055. The clerk of the court shall mail
131	131	a copy of the court's order and a certified bill of costs to the
132	132	office or facility under contract with the office, as appropriate.
133	133	(b) On the court's order, the civilly committed individual
134	134	shall pay an amount equal to the lesser of:
135	135	(1) 20 percent of the preceding six months' deposits to
136	136	the individual's trust account; or
137	137	(2) the total amount of court fees, court costs, and
138	138	other costs.
139	139	(c) In each month following the month in which payment is
140	140	made under Subsection (b), the civilly committed individual shall
141	141	pay an amount equal to the lesser of:
142	142	(1) 10 percent of that month's deposits to the trust
143	143	account; or
144	144	(2) the total amount of court fees, court costs, and
145	145	other costs that remains unpaid.
146	146	(d) Payments under Subsection (c) shall continue until the
147	147	total amount of court fees, court costs, and other costs are paid or
148	148	until the civilly committed individual is released from
149	149	confinement.
150	150	(e) On receipt of a copy of an order issued under Subsection
151	151	(a), the office or facility under contract with the office shall
152	152	withdraw money from the trust account in accordance with
153	153	Subsections (b), (c), and (d). The office or facility shall hold the
154	154	money in a separate account and shall forward the money to the court
155	155	clerk on the earlier of the following dates:
156	156	(1) the date the total amount to be forwarded equals
157	157	the total amount of court fees, court costs, and other costs that
158	158	remains unpaid; or
159	159	(2) the date the civilly committed individual is
160	160	released.
161	161	(f) The civilly committed individual shall file a certified
162	162	copy of the individual's trust account statement with the court.
163	163	The statement must reflect the balance of the account at the time
164	164	the claim is filed and activity in the account during the six months
165	165	preceding the date on which the claim is filed. The court may
166	166	request the office to furnish the information required under this
167	167	subsection.
168	168	(g) A civilly committed individual may authorize payment in
169	169	addition to that required by this section.
170	170	(h) The court may dismiss a claim if the civilly committed
171	171	individual fails to pay fees and costs assessed under this section.
172	172	(i) A civilly committed individual may not avoid the fees
173	173	and costs assessed under this section by nonsuiting a party or by
174	174	voluntarily dismissing the action.
175	175	Sec. 14B.0055. OTHER COSTS. (a) An order of a court under
176	176	Section 14B.0054(a) shall include the costs described by Subsection
177	177	(b) if the court finds that:
178	178	(1) the civilly committed individual has previously
179	179	filed an action to which this chapter or Chapter 14 applies; and
180	180	(2) a final order has been issued that affirms that the
181	181	action was dismissed as frivolous or malicious under Section
182	182	13.001, 14.003, or 14B.0051 or otherwise.
183	183	(b) If Subsection (a) applies, costs of court shall include
184	184	expenses incurred by the court or by the office or facility under
185	185	contract with the office, in connection with the claim and not
186	186	otherwise charged to the civilly committed individual under Section
187	187	14B.0054, including:
188	188	(1) expenses of service of process;
189	189	(2) postage; and
190	190	(3) transportation, housing, or medical care incurred
191	191	in connection with the appearance of the individual in the court for
192	192	any proceeding.
193	193	Sec. 14B.0056. HEARING. (a) The court may hold a hearing
194	194	under this chapter at a facility operated by or under contract with
195	195	the office or may conduct the hearing with video communications
196	196	technology that permits the court to see and hear the civilly
197	197	committed individual and that permits the individual to see and
198	198	hear the court and any other witness.
199	199	(b) A hearing conducted under this section by video
200	200	communications technology shall be recorded on videotape or by
201	201	other electronic means. The recording is sufficient to serve as a
202	202	permanent record of the hearing.
203	203	Sec. 14B.0057. SUBMISSION OF EVIDENCE. (a) The court may
204	204	request a person with an admissible document or admissible
205	205	testimony relevant to the subject matter of the hearing to submit a
206	206	copy of the document or written statement stating the substance of
207	207	the testimony.
208	208	(b) A written statement submitted under this section must be
209	209	made under oath or made as an unsworn declaration under Section
210	210	132.001.
211	211	(c) A copy of a document submitted under this section must
212	212	be accompanied by a certification executed under oath by an
213	213	appropriate custodian of the record stating that the copy is
214	214	correct and any other matter relating to the admissibility of the
215	215	document that the court requires.
216	216	(d) A person submitting a written statement or document
217	217	under this section is not required to appear at the hearing.
218	218	(e) The court shall require that the civilly committed
219	219	individual be provided with a copy of each written statement or
220	220	document not later than the 14th day before the date on which the
221	221	hearing is to begin.
222	222	Sec. 14B.0058. DISMISSAL OF CLAIM. (a) The court may enter
223	223	an order dismissing the entire claim or a portion of the claim under
224	224	this chapter.
225	225	(b) If a portion of the claim is dismissed, the court shall
226	226	designate the issues and defendants on which the claim may proceed,
227	227	subject to Sections 14B.0054 and 14B.0055.
228	228	(c) An order under this section is not subject to
229	229	interlocutory appeal by the civilly committed individual.
230	230	Sec. 14B.0059. EFFECT ON OTHER CLAIMS. (a) Except as
231	231	provided by Subsection (b), on receipt of an order assessing fees
232	232	and costs under Section 14B.0054 that indicates that the court made
233	233	the finding described by Section 14B.0055(a), a clerk of a court may
234	234	not accept for filing another claim by the civilly committed
235	235	individual until the fees and costs assessed under Section 14B.0054
236	236	are paid.
237	237	(b) A court may allow a civilly committed individual who has
238	238	not paid the fees and costs assessed against the individual to file
239	239	a claim for injunctive relief seeking to enjoin an act or failure to
240	240	act that creates a substantial threat of irreparable injury or
241	241	serious physical harm to the individual.
242	242	Sec. 14B.0060. QUESTIONNAIRE. To implement this chapter, a
243	243	court may develop, for use in that court, a questionnaire to be
244	244	filed by the civilly committed individual.
245	245	Sec. 14B.0061. REVIEW AND RECOMMENDATION BY MAGISTRATES.
246	246	(a) The supreme court shall, by rule, adopt a system under which a
247	247	court may refer a suit governed by this chapter to a magistrate for
248	248	review and recommendation.
249	249	(b) The system adopted under Subsection (a) may be funded
250	250	from money appropriated to the supreme court or from money received
251	251	by the supreme court through interagency contract or contracts.
252	252	(c) For the purposes of Section 14B.0062, the adoption of a
253	253	system by rule under Subsection (a) does not constitute a
254	254	modification or repeal of a provision of this chapter.
255	255	Sec. 14B.0062. CONFLICT WITH TEXAS RULES OF CIVIL
256	256	PROCEDURE. Notwithstanding Section 22.004, Government Code, this
257	257	chapter may not be modified or repealed by a rule adopted by the
258	258	supreme court.
259	259	SECTION 2. Chapter 14B, Civil Practice and Remedies Code,
260	260	as added by this Act, applies only to an action filed on or after the
261	261	effective date of this Act.
262	262	SECTION 3. This Act takes effect September 1, 2021.