Bill Text: TX SB1442 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to civil actions by a civilly committed individual.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-03-14 - Referred to State Affairs [SB1442 Detail]

Download: Texas-2019-SB1442-Introduced.html
  86R13469 SCL-F
 
  By: Perry S.B. No. 1442
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to civil actions by a civilly committed individual.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle A, Title 2, Civil Practice and Remedies
  Code, is amended by adding Chapter 14A to read as follows:
  CHAPTER 14A.  LITIGATION BY CIVILLY COMMITTED INDIVIDUAL
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 14A.0001.  DEFINITIONS. In this chapter:
               (1)  "Civilly committed individual" means a sexually
  violent predator as defined by Section 841.003, Health and Safety
  Code, who has been committed to a facility operated by or under the
  supervision of the Texas Civil Commitment Office.
               (2)  "Claim" means a cause of action governed by this
  chapter.
               (3)  "Office" means the Texas Civil Commitment Office.
               (4)  "Trust account" means a civilly committed
  individual's trust account administered by the office by a facility
  under contract with the office.
               (5)  "Unsworn declaration" means a document executed in
  accordance with Chapter 132.
         Sec. 14A.0002.  SCOPE OF CHAPTER. (a)  This chapter applies
  only to an action, including an appeal or original proceeding,
  brought by a civilly committed individual in a district, county,
  justice of the peace, or small claims court or an appellate court,
  including the supreme court or the court of criminal appeals, in
  which an affidavit or unsworn declaration of inability to pay costs
  is filed by the civilly committed individual.
         (b)  This chapter does not apply to an action brought under
  the Family Code.
  SUBCHAPTER B. DISMISSAL OF AND REQUIREMENTS FOR CLAIM
         Sec. 14A.0051.  DISMISSAL OF FALSE, FRIVOLOUS, OR MALICIOUS
  CLAIM.  (a)  A court may dismiss a claim, either before or after
  service of process, if the court finds that:
               (1)  the allegation of poverty in the affidavit or
  unsworn declaration is false;
               (2)  the claim is frivolous or malicious; or
               (3)  the civilly committed individual filed an
  affidavit or unsworn declaration required by this chapter that the
  individual knew was false.
         (b)  In determining whether a claim is frivolous or
  malicious, the court may consider whether:
               (1)  the claim's realistic chance of ultimate success
  is slight;
               (2)  the claim has no arguable basis in law or in fact;
               (3)  it is clear that the civilly committed individual
  cannot prove the facts in support of the claim; or
               (4)  the claim is substantially similar to a previous
  claim filed by the civilly committed individual because the claim
  arises from the same operative facts.
         (c)  In determining whether Subsection (a) applies, the
  court may hold a hearing.  The hearing may be held before or after
  service of process, and it may be held on motion of the court, a
  party, or the clerk of the court.
         (d)  On the filing of a motion under Subsection (c), the
  court shall suspend discovery relating to the claim pending the
  hearing.
         (e)  A court that dismisses a claim brought by an individual
  housed in a facility operated by or under contract with the office
  may notify the office of the dismissal and, on the court's own
  motion or the motion of any party or the clerk of the court, may
  advise the office that a mental health evaluation of the civilly
  committed individual may be appropriate.
         Sec. 14A.0052.  AFFIDAVIT RELATING TO PREVIOUS FILINGS. (a)  
  A civilly committed individual who files an affidavit or unsworn
  declaration of inability to pay costs shall file a separate
  affidavit or declaration:
               (1)  identifying the court that ordered the
  individual's civil commitment under Chapter 841, Health and Safety
  Code;
               (2)  indicating whether any cause of action or
  allegation contained in the petition has previously been filed in
  any other court, and if so, state the cause of action or allegation
  previously filed and comply with Subdivision (6) and Subsection
  (b);
               (3)  identifying each action, other than an action
  under the Family Code, previously brought by the individual and in
  which the individual was not represented by an attorney, without
  regard to whether the individual was civilly committed at the time
  the action was brought;
               (4)  certifying that all grievance processes
  applicable to the matter that is the basis of the claim, if any,
  have been exhausted;
               (5)  certifying that no court has found the individual
  to be a vexatious litigant under Chapter 11; and
               (6)  describing each action that was previously brought
  by:
                     (A)  stating the operative facts for which relief
  was sought;
                     (B)  listing the case name, cause number, and the
  court in which the action was brought;
                     (C)  identifying each party named in the action;
  and
                     (D)  stating the result of the action, including
  whether the action or a claim that was a basis for the action was
  dismissed as frivolous or malicious under Section 13.001, 14.003,
  or 14A.0051 or otherwise.
         (b)  If the affidavit or unsworn declaration filed under this
  section states that a previous action or claim was dismissed as
  frivolous or malicious, the affidavit or unsworn declaration must
  state the date of the final order affirming the dismissal.
         (c)  The affidavit or unsworn declaration must be
  accompanied by the certified copy of the trust account statement
  required by Section 14A.0054(f).
         Sec. 14A.0053.  GRIEVANCE SYSTEM DECISION; EXHAUSTION OF
  ADMINISTRATIVE REMEDIES.  (a)  A civilly committed individual who
  files a claim that is subject to the grievance system established by
  the office or a facility under contract with the office shall file
  with the court:
               (1)  an affidavit or unsworn declaration stating the
  date that the grievance was filed and the date the written decision
  was received by the individual; and
               (2)  a copy of the written decision from the grievance
  system.
         (b)  A court shall dismiss a claim if the civilly committed
  individual fails to file the claim before the 31st day after the
  date the individual receives the written decision from the
  grievance system.
         (c)  If a claim is filed before the grievance system
  procedure is complete, the court shall stay the proceeding with
  respect to the claim for a period not to exceed 180 days to permit
  completion of the grievance system procedure.
         Sec. 14A.0054.  COURT FEES, COURT COSTS, OTHER COSTS.  (a)  A
  court may order a civilly committed individual who has filed a claim
  to pay court fees, court costs, and other costs in accordance with
  this section and Section 14A.0055. The clerk of the court shall mail
  a copy of the court's order and a certified bill of costs to the
  office or facility under contract with the office, as appropriate.
         (b)  On the court's order, the civilly committed individual
  shall pay an amount equal to the lesser of:
               (1)  20 percent of the preceding six months' deposits to
  the individual's trust account; or
               (2)  the total amount of court fees and costs.
         (c)  In each month following the month in which payment is
  made under Subsection (b), the civilly committed individual shall
  pay an amount equal to the lesser of:
               (1)  10 percent of that month's deposits to the trust
  account; or
               (2)  the total amount of court fees and costs that
  remain unpaid.
         (d)  Payments under Subsection (c) shall continue until the
  total amount of court fees and costs are paid or until the civilly
  committed individual is released from confinement.
         (e)  On receipt of a copy of an order issued under Subsection
  (a), the office or facility under contract with the office shall
  withdraw money from the trust account in accordance with
  Subsections (b), (c), and (d).  The office or facility shall hold
  the money in a separate account and shall forward the money to the
  court clerk on the earlier of the following dates:
               (1)  the date the total amount to be forwarded equals
  the total amount of court fees and costs that remains unpaid; or
               (2)  the date the civilly committed individual is
  released.
         (f)  The civilly committed individual shall file a certified
  copy of the individual's trust account statement with the court.  
  The statement must reflect the balance of the account at the time
  the claim is filed and activity in the account during the six months
  preceding the date on which the claim is filed.  The court may
  request the office to furnish the information required under this
  subsection.
         (g)  A civilly committed individual may authorize payment in
  addition to that required by this section.
         (h)  The court may dismiss a claim if the civilly committed
  individual fails to pay fees and costs assessed under this section.
         (i)  A civilly committed individual may not avoid the fees
  and costs assessed under this section by nonsuiting a party or by
  voluntarily dismissing the action.
         Sec. 14A.0055.  OTHER COSTS. (a)  An order of a court under
  Section 14A.0054(a) shall include the costs described by Subsection
  (b) if the court finds that:
               (1)  the civilly committed individual has previously
  filed an action to which this chapter or Chapter 14 applies; and
               (2)  a final order has been issued that affirms that the
  action was dismissed as frivolous or malicious under Section
  13.001, 14.003, or 14A.0051 or otherwise.
         (b)  Costs under Subsection (a) shall include, as costs of
  court, expenses incurred by the court or by the office or facility
  under contract with the office, in connection with the claim and not
  otherwise charged to the civilly committed individual under Section
  14A.0054, including:
               (1)  expenses of service of process;
               (2)  postage; and
               (3)  transportation, housing, or medical care incurred
  in connection with the appearance of the individual in the court for
  any proceeding.
         Sec. 14A.0056.  HEARING. (a)  The court may hold a hearing
  under this chapter at a facility operated by or under contract with
  the office or may conduct the hearing with video communications
  technology that permits the court to see and hear the civilly
  committed individual and that permits the individual to see and
  hear the court and any other witness.
         (b)  A hearing conducted under this section by video
  communications technology shall be recorded on videotape or by
  other electronic means.  The recording is sufficient to serve as a
  permanent record of the hearing.
         Sec. 14A.0057.  SUBMISSION OF EVIDENCE. (a)  The court may
  request a person with an admissible document or admissible
  testimony relevant to the subject matter of the hearing to submit a
  copy of the document or written statement stating the substance of
  the testimony.
         (b)  A written statement submitted under this section must be
  made under oath or made as an unsworn declaration under Section
  132.001.
         (c)  A copy of a document submitted under this section must
  be accompanied by a certification executed under oath by an
  appropriate custodian of the record stating that the copy is
  correct and any other matter relating to the admissibility of the
  document that the court requires.
         (d)  A person submitting a written statement or document
  under this section is not required to appear at the hearing.
         (e)  The court shall require that the civilly committed
  individual be provided with a copy of each written statement or
  document not later than the 14th day before the date on which the
  hearing is to begin.
         Sec. 14A.0058.  DISMISSAL OF CLAIM. (a)  The court may enter
  an order dismissing the entire claim or a portion of the claim under
  this chapter.
         (b)  If a portion of the claim is dismissed, the court shall
  designate the issues and defendants on which the claim may proceed,
  subject to Sections 14A.0054 and 14A.0055.
         (c)  An order under this section is not subject to
  interlocutory appeal by the civilly committed individual.
         Sec. 14A.0059.  EFFECT ON OTHER CLAIMS. (a)  Except as
  provided by Subsection (b), on receipt of an order assessing fees
  and costs under Section 14A.0054 that indicates that the court made
  the finding described by Section 14A.0055(a), a clerk of a court may
  not accept for filing another claim by the civilly committed
  individual until the fees and costs assessed under Section 14A.0054
  are paid.
         (b)  A court may allow a civilly committed individual who has
  not paid the fees and costs assessed against the individual to file
  a claim for injunctive relief seeking to enjoin an act or failure to
  act that creates a substantial threat of irreparable injury or
  serious physical harm to the individual.
         Sec. 14A.0060.  QUESTIONNAIRE. To implement this chapter, a
  court may develop, for use in that court, a questionnaire to be
  filed by the civilly committed individual.
         Sec. 14A.0061.  REVIEW AND RECOMMENDATION BY MAGISTRATES.
  (a)  The supreme court shall, by rule, adopt a system under which a
  court may refer a suit governed by this chapter to a magistrate for
  review and recommendation.
         (b)  The system adopted under Subsection (a) may be funded
  from money appropriated to the supreme court or from money received
  by the supreme court through interagency contract or contracts.
         (c)  For the purposes of Section 14A.0062, the adoption of a
  system by rule under Subsection (a) does not constitute a
  modification or repeal of a provision of this chapter.
         Sec. 14A.0062.  CONFLICT WITH TEXAS RULES OF CIVIL
  PROCEDURE. Notwithstanding Section 22.004, Government Code, this
  chapter may not be modified or repealed by a rule adopted by the
  supreme court.
         SECTION 2.  Chapter 14A, Civil Practice and Remedies Code,
  as added by this Act, applies only to an action filed on or after the
  effective date of this Act.
         SECTION 3.  This Act takes effect September 1, 2019.
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