Texas 2023 - 88th Regular

Texas House Bill HB2412 Compare Versions

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Version 2 (New)

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1	1	88R19331 SCL-F
2	2	By: King of Hemphill H.B. No. 2412
3	3	Substitute the following for H.B. No. 2412:
4	4	By: Johnson of Dallas C.S.H.B. No. 2412
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to civil actions by a civilly committed individual.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle A, Title 2, Civil Practice and Remedies
12	12	Code, is amended by adding Chapter 14A to read as follows:
13	13	CHAPTER 14A. LITIGATION BY CIVILLY COMMITTED INDIVIDUAL
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 14A.001. DEFINITIONS. In this chapter:
16	16	(1) "Civilly committed individual" means a sexually
17	17	violent predator as defined by Section 841.003, Health and Safety
18	18	Code, who has been committed to a facility operated by or under
19	19	contract with the Texas Civil Commitment Office.
20	20	(2) "Claim" means a cause of action governed by this
21	21	chapter.
22	22	(3) "Office" means the Texas Civil Commitment Office.
23	23	(4) "Trust account" means a civilly committed
24	24	individual's trust account administered by the office or by a
25	25	facility under contract with the office.
26	26	(5) "Unsworn declaration" means a document executed in
27	27	accordance with Chapter 132.
28	28	Sec. 14A.002. SCOPE OF CHAPTER. (a) This chapter applies
29	29	only to an action, including an appeal or original proceeding,
30	30	brought by a civilly committed individual in a district, county, or
31	31	justice court or an appellate court, including the supreme court or
32	32	the court of criminal appeals, in which an affidavit or unsworn
33	33	declaration of inability to pay costs is filed by the civilly
34	34	committed individual.
35	35	(b) This chapter does not apply to an action brought under
36	36	the Family Code.
37	37	SUBCHAPTER B. DISMISSAL OF AND REQUIREMENTS FOR CLAIM
38	38	Sec. 14A.051. DISMISSAL OF FALSE, FRIVOLOUS, OR MALICIOUS
39	39	CLAIM. (a) A court may dismiss a claim, either before or after
40	40	service of process, if the court finds that:
41	41	(1) the allegation of poverty in the affidavit or
42	42	unsworn declaration is false;
43	43	(2) the claim is frivolous or malicious; or
44	44	(3) the civilly committed individual filed an
45	45	affidavit or unsworn declaration required by this chapter that the
46	46	individual knew was false.
47	47	(b) In determining whether a claim is frivolous or
48	48	malicious, the court may consider whether:
49	49	(1) the claim's realistic chance of ultimate success
50	50	is slight;
51	51	(2) the claim has no arguable basis in law or in fact;
52	52	(3) it is clear that the civilly committed individual
53	53	cannot prove the facts in support of the claim; or
54	54	(4) the claim is substantially similar to a previous
55	55	claim filed by the civilly committed individual because the claim
56	56	arises from the same operative facts.
57	57	(c) In determining whether Subsection (a) applies, the
58	58	court may hold a hearing. The hearing may be held before or after
59	59	service of process, and it may be held on motion of the court, a
60	60	party, or the court clerk.
61	61	(d) On the filing of a motion under Subsection (c), the
62	62	court shall suspend discovery relating to the claim pending the
63	63	hearing.
64	64	(e) A court that dismisses a claim brought by a civilly
65	65	committed individual housed in a facility operated by or under
66	66	contract with the office may notify the office of the dismissal and,
67	67	on the court's own motion or the motion of any party or the court
68	68	clerk, may advise the office that a mental health evaluation of the
69	69	individual may be appropriate.
70	70	Sec. 14A.052. AFFIDAVIT RELATING TO PREVIOUS FILINGS. (a)
71	71	A civilly committed individual who files an affidavit or unsworn
72	72	declaration of inability to pay costs shall file a separate
73	73	affidavit or declaration:
74	74	(1) identifying the court that ordered the
75	75	individual's civil commitment under Chapter 841, Health and Safety
76	76	Code;
77	77	(2) indicating whether any cause of action or
78	78	allegation contained in the petition has previously been filed in
79	79	any other court, and if so, stating the cause of action or
80	80	allegation previously filed and complying with Subdivision (6) and
81	81	Subsection (b);
82	82	(3) identifying each action, other than an action
83	83	under the Family Code, previously brought by the individual in
84	84	which the individual was not represented by an attorney, without
85	85	regard to whether the individual was civilly committed at the time
86	86	the action was brought;
87	87	(4) certifying that all grievance processes
88	88	applicable to the matter that is the basis of the claim, if any,
89	89	have been exhausted;
90	90	(5) certifying that no court has found the individual
91	91	to be a vexatious litigant under Chapter 11; and
92	92	(6) describing each action that was previously brought
93	93	by:
94	94	(A) stating the operative facts for which relief
95	95	was sought;
96	96	(B) listing the case name, the cause number, and
97	97	the court in which the action was brought;
98	98	(C) identifying each party named in the action;
99	99	and
100	100	(D) stating the result of the action, including
101	101	whether the action or a claim that was a basis for the action was
102	102	dismissed as frivolous or malicious under Section 13.001, 14.003,
103	103	or 14A.051 or otherwise.
104	104	(b) If the affidavit or unsworn declaration filed under this
105	105	section states that a previous action or claim was dismissed as
106	106	frivolous or malicious, the affidavit or unsworn declaration must
107	107	state the date of the final order affirming the dismissal.
108	108	(c) The affidavit or unsworn declaration must be
109	109	accompanied by the certified copy of the trust account statement
110	110	required by Section 14A.054(f).
111	111	Sec. 14A.053. GRIEVANCE SYSTEM DECISION; EXHAUSTION OF
112	112	ADMINISTRATIVE REMEDIES. (a) A civilly committed individual who
113	113	files a claim that is subject to a grievance system established by
114	114	the office or a facility under contract with the office shall file
115	115	with the court:
116	116	(1) an affidavit or unsworn declaration stating the
117	117	date that the grievance was filed and the date the written decision
118	118	was received by the individual; and
119	119	(2) a copy of the written decision from the grievance
120	120	system.
121	121	(b) A court shall dismiss a claim if the civilly committed
122	122	individual fails to file the claim before the 31st day after the
123	123	date the individual receives the written decision from the
124	124	grievance system.
125	125	(c) If a claim is filed before the grievance system
126	126	procedure is complete, the court shall stay the proceeding with
127	127	respect to the claim for a period not to exceed 180 days to permit
128	128	completion of the grievance system procedure.
129	129	Sec. 14A.054. COURT FEES, COURT COSTS, OTHER COSTS. (a) A
130	130	court may order a civilly committed individual who has filed a claim
131	131	to pay court fees, court costs, and other costs in accordance with
132	132	this section and Section 14A.055. The court clerk shall mail a copy
133	133	of the court's order and a certified bill of costs to the office or
134	134	facility under contract with the office, as appropriate.
135	135	(b) On the court's order, the civilly committed individual
136	136	shall pay an amount equal to the lesser of:
137	137	(1) 20 percent of the preceding six months' deposits to
138	138	the individual's trust account; or
139	139	(2) the total amount of court fees, court costs, and
140	140	other costs.
141	141	(c) In each month following the month in which payment is
142	142	made under Subsection (b), the civilly committed individual shall
143	143	pay an amount equal to the lesser of:
144	144	(1) 10 percent of that month's deposits to the trust
145	145	account; or
146	146	(2) the total amount of court fees, court costs, and
147	147	other costs that remains unpaid.
148	148	(d) Payments under Subsection (c) shall continue until the
149	149	total amount of court fees, court costs, and other costs are paid or
150	150	until the civilly committed individual is released from
151	151	confinement.
152	152	(e) On receipt of a copy of an order issued under Subsection
153	153	(a), the office or facility under contract with the office shall
154	154	withdraw money from the trust account in accordance with
155	155	Subsections (b), (c), and (d). The office or facility shall hold the
156	156	money in a separate account and shall forward the money to the court
157	157	clerk on the earlier of the following dates:
158	158	(1) the date the total amount to be forwarded equals
159	159	the total amount of court fees, court costs, and other costs that
160	160	remains unpaid; or
161	161	(2) the date the civilly committed individual is
162	162	released.
163	163	(f) The civilly committed individual shall file a certified
164	164	copy of the individual's trust account statement with the court.
165	165	The statement must reflect the balance of the account at the time
166	166	the claim is filed and activity in the account during the six months
167	167	preceding the date on which the claim is filed. The court may
168	168	request the office to furnish the information required under this
169	169	subsection.
170	170	(g) A civilly committed individual may authorize payment in
171	171	addition to that required by this section.
172	172	(h) The court may dismiss a claim if the civilly committed
173	173	individual fails to pay fees and costs assessed under this section.
174	174	(i) A civilly committed individual may not avoid the fees
175	175	and costs assessed under this section by nonsuiting a party or by
176	176	voluntarily dismissing the action.
177	177	Sec. 14A.055. OTHER COSTS. (a) An order under Section
178	178	14A.054(a) must include the costs described by Subsection (b) if
179	179	the court finds that:
180	180	(1) the civilly committed individual has previously
181	181	filed an action to which this chapter or Chapter 14 applies; and
182	182	(2) a final order has been issued that affirms that the
183	183	action was dismissed as frivolous or malicious under Section
184	184	13.001, 14.003, or 14A.051 or otherwise.
185	185	(b) If Subsection (a) applies, costs of court must include
186	186	expenses incurred by the court or by the office or facility under
187	187	contract with the office, in connection with the claim and not
188	188	otherwise charged to the civilly committed individual under Section
189	189	14A.054, including:
190	190	(1) expenses of service of process;
191	191	(2) postage; and
192	192	(3) transportation, housing, or medical care incurred
193	193	in connection with the appearance of the individual in the court for
194	194	any proceeding.
195	195	Sec. 14A.056. HEARING. (a) The court may hold a hearing
196	196	under this chapter at a facility operated by or under contract with
197	197	the office or may conduct the hearing with video communications
198	198	technology that permits the court to see and hear the civilly
199	199	committed individual and that permits the individual to see and
200	200	hear the court and any other witness.
201	201	(b) A hearing conducted under this section by video
202	202	communications technology shall be recorded on videotape or by
203	203	other electronic means. The recording is sufficient to serve as a
204	204	permanent record of the hearing.
205	205	Sec. 14A.057. SUBMISSION OF EVIDENCE. (a) The court may
206	206	request a person with an admissible document or admissible
207	207	testimony relevant to the subject matter of the hearing to submit a
208	208	copy of the document or written statement stating the substance of
209	209	the testimony.
210	210	(b) A written statement submitted under this section must be
211	211	made under oath or made as an unsworn declaration under Section
212	212	132.001.
213	213	(c) A copy of a document submitted under this section must
214	214	be accompanied by a certification executed under oath by an
215	215	appropriate custodian of the record stating that the copy is
216	216	correct and any other matter relating to the admissibility of the
217	217	document that the court requires.
218	218	(d) A person submitting a written statement or document
219	219	under this section is not required to appear at the hearing.
220	220	(e) The court shall require that the civilly committed
221	221	individual be provided with a copy of each written statement or
222	222	document not later than the 14th day before the date on which the
223	223	hearing is to begin.
224	224	Sec. 14A.058. DISMISSAL OF CLAIM. (a) The court may enter
225	225	an order dismissing the entire claim or a portion of the claim under
226	226	this chapter.
227	227	(b) If a portion of the claim is dismissed, the court shall
228	228	designate the issues and defendants on which the claim may proceed,
229	229	subject to Sections 14A.054 and 14A.055.
230	230	(c) An order under this section is not subject to
231	231	interlocutory appeal by the civilly committed individual.
232	232	Sec. 14A.059. EFFECT ON OTHER CLAIMS. (a) Except as
233	233	provided by Subsection (b), on receipt of an order assessing fees
234	234	and costs under Section 14A.054 that indicates that the court made
235	235	the finding described by Section 14A.055(a), a court clerk may not
236	236	accept for filing another claim by the civilly committed individual
237	237	until the fees and costs assessed under Section 14A.054 are paid.
238	238	(b) A court may allow a civilly committed individual who has
239	239	not paid the fees and costs assessed against the individual to file
240	240	a claim for injunctive relief seeking to enjoin an act or failure to
241	241	act that creates a substantial threat of irreparable injury or
242	242	serious physical harm to the individual.
243	243	Sec. 14A.060. QUESTIONNAIRE. To implement this chapter, a
244	244	court may develop, for use in that court, a questionnaire to be
245	245	filed by the civilly committed individual.
246	246	Sec. 14A.061. REVIEW AND RECOMMENDATION BY MAGISTRATES.
247	247	(a) The supreme court shall, by rule, adopt a system under which a
248	248	court may refer a suit governed by this chapter to a magistrate for
249	249	review and recommendation.
250	250	(b) The system adopted under Subsection (a) may be funded
251	251	from money appropriated to the supreme court or from money received
252	252	by the supreme court through interagency contract or contracts.
253	253	(c) For the purposes of Section 14A.062, the adoption of a
254	254	system by rule under Subsection (a) does not constitute a
255	255	modification or repeal of a provision of this chapter.
256	256	Sec. 14A.062. CONFLICT WITH TEXAS RULES OF CIVIL PROCEDURE.
257	257	Notwithstanding Section 22.004, Government Code, this chapter may
258	258	not be modified or repealed by a rule adopted by the supreme court.
259	259	SECTION 2. Chapter 14A, 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 immediately if it receives
263	263	a vote of two-thirds of all the members elected to each house, as
264	264	provided by Section 39, Article III, Texas Constitution. If this
265	265	Act does not receive the vote necessary for immediate effect, this
266	266	Act takes effect September 1, 2023.