H.B. No. 1079
 
 
 
 
AN ACT
  relating to the distribution of certain civil penalties, payments,
  and civil restitution received by the attorney general.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 402.007(b), Government Code, is amended
  to read as follows:
         (b)  Subject to Subsection (d), the comptroller shall credit
  to the judicial fund for programs approved by the supreme court that
  provide basic civil legal services to the indigent the net amount
  of:
               (1)  a civil penalty or payment, excluding attorney's
  fees or costs, that is recovered in an action by the attorney
  general in any matter actionable under the [Subchapter E, Chapter
  17,] Business & Commerce Code, after deducting amounts allocated to
  or retained by the attorney general as authorized by law, unless:
                     (A)  another law requires that the funds [penalty]
  be credited to a different fund or account; or
                     (B)  the judgment awarding the funds [penalty]
  requires that the funds [penalty] be paid to another identifiable
  [named] recipient; and
               (2)  civil restitution recovered by the attorney
  general in an action brought by the attorney general [arising from
  conduct that violates a consumer protection, public health, or
  general welfare law,] if, on the hearing of an ex parte motion filed
  by the attorney general after the entry of a judgment awarding civil
  restitution, the court:
                     (A)  determines that, based on the facts and
  circumstances of the case:
                           (i)  it is impossible or impracticable to
  identify injured parties;
                           (ii)  it is impossible or impracticable to
  determine the degree to which each claimant was injured and
  entitled to recover;
                           (iii)  the cost of administering a claim
  procedure will disproportionately reduce the amount of restitution
  available for the payment of individual claims; or
                           (iv)  the claims of all identifiable persons
  eligible to receive restitution have been paid without exhausting
  the funds available for restitution; and
                     (B)  enters a judgment or order that the
  restitution be credited to the judicial fund for programs approved
  by the supreme court that provide basic civil legal services to the
  indigent.
         SECTION 2.  The change in law made by this Act applies only
  to a civil penalty, payment, or civil restitution that is received
  by the attorney general on or after the effective date of this Act.
  A civil penalty, payment, or civil restitution received by the
  attorney general before the effective date of this Act is governed
  by the law in effect immediately before the effective date of this
  Act, and that law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2015.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1079 was passed by the House on May 5,
  2015, by the following vote:  Yeas 141, Nays 4, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1079 was passed by the Senate on May
  23, 2015, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor