88R607 SCL-F     By: King of Hemphill H.B. No. 2412       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.001.  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   contract with 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 or by a   facility under contract with the office.                (5)  "Unsworn declaration" means a document executed in   accordance with Chapter 132.          Sec. 14A.002.  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, or   justice 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.051.  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 court clerk.          (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 a civilly   committed 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 court   clerk, may advise the office that a mental health evaluation of the   individual may be appropriate.          Sec. 14A.052.  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, stating the cause of action or   allegation previously filed and complying with Subdivision (6) and   Subsection (b);                (3)  identifying each action, other than an action   under the Family Code, previously brought by the individual 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, the 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.051 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.054(f).          Sec. 14A.053.  GRIEVANCE SYSTEM DECISION; EXHAUSTION OF   ADMINISTRATIVE REMEDIES. (a) A civilly committed individual who   files a claim that is subject to a 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.054.  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.055. The court clerk 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, court costs, and   other 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, court costs, and   other costs that remains unpaid.          (d)  Payments under Subsection (c) shall continue until the   total amount of court fees, court costs, and other 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, court costs, and other 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.055.  OTHER COSTS. (a) An order under Section   14A.054(a) must 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.051 or otherwise.          (b)  If Subsection (a) applies, costs of court must include   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.054, 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.056.  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.057.  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.058.  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.054 and 14A.055.          (c)  An order under this section is not subject to   interlocutory appeal by the civilly committed individual.          Sec. 14A.059.  EFFECT ON OTHER CLAIMS. (a) Except as   provided by Subsection (b), on receipt of an order assessing fees   and costs under Section 14A.054 that indicates that the court made   the finding described by Section 14A.055(a), a court clerk may not   accept for filing another claim by the civilly committed individual   until the fees and costs assessed under Section 14A.054 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.060.  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.061.  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.062, 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.062.  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, 2023.