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AN ACT
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relating to the dedication of certain civil penalties for |
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violations of the Deceptive Trade Practices-Consumer Protection |
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Act to provide civil legal services to the indigent. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 402.007, Government Code, is amended to |
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read as follows: |
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Sec. 402.007. PAYMENT TO TREASURY; ALLOCATION OF CERTAIN |
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PENALTIES. (a) The attorney general shall immediately pay into |
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the state treasury money received for a debt or penalty. |
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(b) Subject to Subsection (c), the comptroller shall credit |
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to the judicial fund for programs approved by the supreme court that |
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provide basic civil legal services to the indigent the net amount of |
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a civil penalty that is recovered in an action by the attorney |
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general in any matter actionable under Subchapter E, Chapter 17, |
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Business & Commerce Code, after deducting amounts allocated to or |
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retained by the attorney general as authorized by law, unless: |
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(1) another law requires that the penalty be credited |
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to a different fund or account; or |
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(2) the judgment awarding the penalty requires that |
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the penalty be paid to another named recipient. |
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(c) The total amount credited to the judicial fund for |
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programs approved by the supreme court that provide basic civil |
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legal services to the indigent under Subsection (b) may not exceed |
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$10 million per state fiscal biennium. |
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SECTION 2. The change in law made by this Act applies to a |
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civil penalty in an action by the attorney general in any matter |
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actionable under Subchapter E, Chapter 17, Business & Commerce |
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Code, that is received on or after the effective date of this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 2279 passed the Senate on |
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April 30, 2009, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 29, 2009, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 2279 passed the House, with |
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amendment, on May 27, 2009, by the following vote: Yeas 148, |
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Nays 0, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |