Texas § GV.402.007 - PAYMENT TO TREASURY

§ GV.402.007. PAYMENT TO TREASURY

PAYMENT TO TREASURY; ALLOCATION OF CERTAIN MONEY RECEIVED BY ATTORNEY GENERAL. (a) The attorney general shall immediately pay into the state treasury money received for a debt, a penalty, or restitution. (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 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 be credited to a different fund or account; or (B) the judgment awarding the funds requires that the funds be paid to another identifiable recipient; and (2) civil restitution recovered by the attorney general in an action brought by the attorney general 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. (c) If a court enters a judgment or order that restitution be credited to the judicial fund, the attorney general shall notify the Legislative Budget Board and shall distribute that restitution in accordance with the court judgment or order. (d) The total amount credited to the judicial fund for programs approved by the supreme court that provide basic civil legal services to the indigent under Subsection (b) may not exceed $50 million per state fiscal year. (e) The provisions of this section do not limit the common law authority or other statutory authority of the attorney general to seek and obtain cy pres distribution from a court. Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by: Acts 2009, 81st Leg., R.S., Ch. 853 (S.B. 2279 ), Sec. 1, eff. June 19, 2009. Acts 2013, 83rd Leg., R.S., Ch. 208 (H.B. 1445 ), Sec. 2, eff. May 28, 2013. Acts 2015, 84th Leg., R.S., Ch. 520 (H.B. 1079 ), Sec. 1, eff. June 16, 2015. Acts 2019, 86th Leg., R.S., Ch. 191 (H.B. 2235 ), Sec. 1, eff. May 24, 2019.