reglab/statecodes huggingface dataset:
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140B - Civil Remedies and Enforcement Related to Racketeering and Unlawful Debt Collection › Subchapter B. Civil Investigative Authority › Section 140B.054. Service; Proof of Service

Sec. 140B.054.  SERVICE; PROOF OF SERVICE.  (a)  Service of any civil investigative demand or petition filed under Section 140B.055 or 140B.060 may be made on any natural person by delivering a duly executed copy of the demand or petition to the person to be served or by mailing a copy by registered or certified mail, return receipt requested, to the person at the person's residence or principal office or place of business.
(b)  Service of any demand or petition filed under Section 140B.055 or 140B.060 may be made on any person other than a natural person by delivering a duly executed copy of the demand or petition to a person to whom delivery would be appropriate under state law if the demand or petition were process in a civil suit.
(c)  A verified return by the individual serving any demand or petition filed under Section 140B.055 or 140B.060 setting forth the manner of service is proof of service.  In the case of service by registered or certified mail, the return must be accompanied by the return post office receipt of delivery of the demand or petition.
Added by Acts 2023, 88th Leg., R.S., Ch. 885 (H.B. 4635), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140B - Civil Remedies and Enforcement Related to Racketeering and Unlawful Debt Collection › Subchapter B. Civil Investigative Authority › Section 140B.055. Petition for Order Modifying or Setting Aside Demand

Sec. 140B.055.  PETITION FOR ORDER MODIFYING OR SETTING ASIDE DEMAND.  (a)  At any time before the return date specified in a civil investigative demand or not later than the 30th day after the date the demand was served, whichever period is shorter, the person who has been served, and in the case of a demand for a product of discovery the person from whom the discovery was obtained, may file a petition for an order modifying or setting aside the demand in the district court in the county of the person's residence or principal office or place of business or a district court of Travis County.  The petition must specify each ground upon which the petitioner relies in seeking the relief sought.  The petition may be based on any failure of a demand to comply with the provisions of this subchapter or on any constitutional or other legal right or privilege of the petitioner.
(b)  The petitioner shall serve a copy of the petition on the attorney general or local prosecutor, as applicable, in accordance with Section 140B.054.  The attorney general or local prosecutor may submit an answer to the petition.
(c)  In ruling on the petition under this section, the court shall presume absent evidence to the contrary that the attorney general or local prosecutor issued the demand in good faith and within the scope of the attorney general's or local prosecutor's authority.
Added by Acts 2023, 88th Leg., R.S., Ch. 885 (H.B. 4635), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140B - Civil Remedies and Enforcement Related to Racketeering and Unlawful Debt Collection › Subchapter B. Civil Investigative Authority › Section 140B.056. Compliance With Demand

Sec. 140B.056.  COMPLIANCE WITH DEMAND.  (a)  A person on whom a civil investigative demand is served under this subchapter shall comply with the terms of the demand unless otherwise provided by court order.
(b)  The time for compliance with the demand wholly or partly does not run during the pendency of any petition filed under Section 140B.055, provided that the petitioner shall comply with any portions of the demand not sought to be modified or set aside.
Added by Acts 2023, 88th Leg., R.S., Ch. 885 (H.B. 4635), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140B - Civil Remedies and Enforcement Related to Racketeering and Unlawful Debt Collection › Subchapter B. Civil Investigative Authority › Section 140B.057. Documentary Material

Sec. 140B.057.  DOCUMENTARY MATERIAL.  (a)  Any person on whom any civil investigative demand for the production of documentary material has been duly served under this subchapter shall make the material available to the attorney general or local prosecutor, as applicable, for inspection and copying during normal business hours on the return date specified in the demand at the person's principal office or place of business or as otherwise may be agreed on by the person and the attorney general or local prosecutor.  The attorney general or local prosecutor shall bear the expense of any copying.  The person may substitute copies for originals of all or part of the requested documents if the originals are made available for inspection.  The attorney general or local prosecutor may elect to obtain or review information in an electronic format.  The person shall indicate in writing which, if any, of the documents produced contain trade secrets or confidential information.
(b)  The production of documentary material in response to any demand must be made under a sworn certificate in the form the demand designates by a natural person having knowledge of the facts and circumstances relating to the production to the effect that all of the requested material in the possession, custody, or control of the person to whom the demand is directed has been produced.
Added by Acts 2023, 88th Leg., R.S., Ch. 885 (H.B. 4635), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140B - Civil Remedies and Enforcement Related to Racketeering and Unlawful Debt Collection › Subchapter B. Civil Investigative Authority › Section 140B.058. Interrogatories

Sec. 140B.058.  INTERROGATORIES.  (a)  Each interrogatory in any civil investigative demand duly served must be answered separately and fully in writing, unless it is objected to, in which case the basis for the objection shall be set forth in lieu of an answer.  The person shall indicate in writing which, if any, of the answers contain trade secrets or confidential information.
(b)  Answers to interrogatories must be submitted under a sworn certificate in the form the related demand designates by a natural person having knowledge of the facts and circumstances relating to the preparation of the answers to the effect that all of the requested information in the possession, custody, control, or knowledge of the person to whom the demand is directed has been set forth fully and accurately.
Added by Acts 2023, 88th Leg., R.S., Ch. 885 (H.B. 4635), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140B - Civil Remedies and Enforcement Related to Racketeering and Unlawful Debt Collection › Subchapter B. Civil Investigative Authority › Section 140B.060. Failure to Comply With Demand Petition for Enforcement

Sec. 140B.060.  FAILURE TO COMPLY WITH DEMAND PETITION FOR ENFORCEMENT.  If a person fails to comply with a civil investigative demand duly served on the person, the attorney general or local prosecutor may file in the district court in the county in which the person resides, is found, or transacts business or in a district court of Travis County and may serve on the person a petition for an order of the court for enforcement.  If the person transacts business in more than one county and the attorney general or local prosecutor elects not to file the petition in Travis County, the petition must be filed in the county of the person's principal office or place of business in the state or in any other county as may be agreed on by the person and the attorney general or local prosecutor.
Added by Acts 2023, 88th Leg., R.S., Ch. 885 (H.B. 4635), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140B - Civil Remedies and Enforcement Related to Racketeering and Unlawful Debt Collection › Subchapter B. Civil Investigative Authority › Section 140B.061. Criminal Offense: Deliberate Noncompliance

Sec. 140B.061.  CRIMINAL OFFENSE: DELIBERATE NONCOMPLIANCE.  (a)  A person commits an offense if the person, with intent to avoid, evade, or prevent compliance with a civil investigative demand issued under this subchapter, knowingly removes from any place, conceals, withholds, destroys, mutilates, alters, or by any other means falsifies any documentary material or otherwise provides inaccurate information.
(b)  An offense under this section is a Class A misdemeanor.
Added by Acts 2023, 88th Leg., R.S., Ch. 885 (H.B. 4635), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140B - Civil Remedies and Enforcement Related to Racketeering and Unlawful Debt Collection › Subchapter B. Civil Investigative Authority › Section 140B.062. Disclosure and Use of Material and Information

Sec. 140B.062.  DISCLOSURE AND USE OF MATERIAL AND INFORMATION.  (a)  The civil investigative demand issued by the attorney general or local prosecutor, any information obtained, maintained, or created in response to the demand, or any documentary material, product of discovery, or other record derived or created during an investigation from the information, is not subject to disclosure under Chapter 552, Government Code, and is not subject to disclosure, discovery, subpoena, or other means of legal compulsion for the release, except as described in Subsections (b) and (c).
(b)  The attorney general or local prosecutor may not release or disclose information that is obtained in response to a demand or any documentary material, product of discovery, or other record derived from the information except:
(1)  by court order for good cause shown;
(2)  with the consent of the person who provided the information to the attorney general or local prosecutor;
(3)  to an employee or other person under the direction of the attorney general or local prosecutor;
(4)  to an agency of this state, the United States, or another state or foreign country;
(5)  to a political subdivision of this state; or
(6)  to a person authorized by the attorney general or local prosecutor to receive the information.
(c)  The attorney general or local prosecutor may use information obtained in response to a demand, or any documentary material, product of discovery, or other record derived or created from the information as the attorney general or local prosecutor determines necessary in the enforcement of this chapter, including presentation before court.
Added by Acts 2023, 88th Leg., R.S., Ch. 885 (H.B. 4635), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140B - Civil Remedies and Enforcement Related to Racketeering and Unlawful Debt Collection › Subchapter B. Civil Investigative Authority › Section 140B.063. Jurisdiction

Sec. 140B.063.  JURISDICTION.  If a petition is filed in the district court in any county, the court has jurisdiction to hear and determine the matter presented and to enter any order required to implement this chapter.  Any final order is subject to appeal.  Failure to comply with any final order entered by a court under this chapter is punishable by the court as contempt of the order.
Added by Acts 2023, 88th Leg., R.S., Ch. 885 (H.B. 4635), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140B - Civil Remedies and Enforcement Related to Racketeering and Unlawful Debt Collection › Subchapter B. Civil Investigative Authority › Section 140B.064. Nonexclusive Procedures

Sec. 140B.064.  NONEXCLUSIVE PROCEDURES.  Nothing in this chapter precludes the attorney general or local prosecutor from using any procedure not specified in this chapter in conducting a racketeering investigation.
Added by Acts 2023, 88th Leg., R.S., Ch. 885 (H.B. 4635), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140B - Civil Remedies and Enforcement Related to Racketeering and Unlawful Debt Collection › Subchapter C. Civil Remedies › Section 140B.101. Civil Remedies

Sec. 140B.101.  CIVIL REMEDIES.  A district court may, after making due provision for the rights of innocent persons, enjoin conduct constituting an offense under Section 72.02, 72.03, or 72.04, Penal Code, by issuing appropriate orders and judgments, including:
(1)  ordering a defendant to divest of any interest in any enterprise, including real property;
(2)  imposing reasonable restrictions on the future activities or investments of a defendant, including prohibiting a defendant from engaging in the same type of endeavor as the enterprise in which the defendant was engaged in conduct constituting an offense under Section 72.02, 72.03, or 72.04, Penal Code;
(3)  ordering the dissolution or reorganization of an enterprise;
(4)  ordering the suspension or revocation of a license, permit, or approval previously granted to an enterprise by any state agency; or
(5)  ordering the forfeiture of the charter of a corporation organized under the laws of this state, or the revocation of a certificate allowing a foreign corporation to conduct business within this state, on finding that:
(A)  the board of directors or a managerial agent acting on behalf of the corporation, in conducting the affairs of the corporation, has authorized or engaged in conduct constituting an offense under Section 72.02, 72.03, or 72.04, Penal Code; and
(B)  for the prevention of future criminal activity, the public interest requires the charter of the corporation forfeited and the corporation dissolved or the certificate revoked.
Added by Acts 2023, 88th Leg., R.S., Ch. 885 (H.B. 4635), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140B - Civil Remedies and Enforcement Related to Racketeering and Unlawful Debt Collection › Subchapter C. Civil Remedies › Section 140B.102. Civil Forfeiture of Property

Sec. 140B.102.  CIVIL FORFEITURE OF PROPERTY.  (a)  All property, real or personal, including money, used in the course of, intended for use in the course of, derived from, or realized through conduct constituting an offense under Section 72.02, 72.03, or 72.04, Penal Code, is subject to civil forfeiture to the state under this chapter.
(b)  An investigative agency, on behalf of this state, may bring a civil action for forfeiture:
(1)  in the district court for the judicial district in which real or personal tangible property described by Subsection (a) is located;
(2)  in a district court in this state regarding intangible property described by Subsection (a); and
(3)  in the county in which real or personal tangible property described by Subsection (a) was seized.
(c)  On entry of a final judgment of forfeiture in favor of the state, the title of the state to the forfeited property shall relate back:
(1)  in the case of real property or a beneficial interest:
(A)  to the date of filing of a lien notice under Chapter 68, Property Code, in the official records of the county where the real property or beneficial trust is located;
(B)  if no lien notice is filed, to the date of the filing of any notice of lis pendens under Section 68.056(a), Property Code, in the official records of the county where the real property or beneficial interest is located; or
(C)  if no lien notice or notice of lis pendens is filed, to the date of recording of the final judgment of forfeiture in the official records of the county where the real property or beneficial interest is located; or
(2)  in the case of personal property, to the date the personal property was seized by the investigative agency.
(d)  For purposes of this section, a beneficial interest is considered to be located where real property owned by the trustee is located.
Added by Acts 2023, 88th Leg., R.S., Ch. 885 (H.B. 4635), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140B - Civil Remedies and Enforcement Related to Racketeering and Unlawful Debt Collection › Subchapter C. Civil Remedies › Section 140B.103. Conveyance of Property Subject to Forfeiture

Sec. 140B.103.  CONVEYANCE OF PROPERTY SUBJECT TO FORFEITURE.  (a)  If property subject to forfeiture is conveyed, alienated, disposed of, diminished in value, or otherwise rendered unavailable for forfeiture, the investigative agency may, on behalf of the state, bring an action in any district court against the person named in the lien notice under Chapter 68, Property Code, or the defendant in the relevant civil action or criminal proceeding.  If a civil action is pending, the action shall be filed only in the court where the civil action is pending.
(b)  The court in an action brought under Subsection (a) shall:
(1)  enter final judgment against the person named in the lien notice or the defendant in the relevant civil action or criminal proceeding in an amount equal to:
(A)  the fair market value of the property; and
(B)  the investigative costs and attorney fees incurred by the investigative agency in the action; or
(2)  order the forfeiture of any other property of the defendant up to the value of the property subject to forfeiture.
Added by Acts 2023, 88th Leg., R.S., Ch. 885 (H.B. 4635), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140B - Civil Remedies and Enforcement Related to Racketeering and Unlawful Debt Collection › Subchapter C. Civil Remedies › Section 140B.104. Disposition of Forfeited Property

Sec. 140B.104.  DISPOSITION OF FORFEITED PROPERTY.  (a)  The state shall dispose of all forfeited property as soon as commercially feasible. If property is not exercisable or transferable for value by the state, the state may destroy or otherwise dispose of the property.
(b)  All forfeitures or dispositions under this subchapter shall be made with due provision for the rights of innocent persons.
(c)  The state shall promptly distribute the proceeds realized from the forfeiture and disposition of property under this section in accordance with Subchapter D.
Added by Acts 2023, 88th Leg., R.S., Ch. 885 (H.B. 4635), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140B - Civil Remedies and Enforcement Related to Racketeering and Unlawful Debt Collection › Subchapter C. Civil Remedies › Section 140B.105. Seizure of Property

Sec. 140B.105.  SEIZURE OF PROPERTY.  (a)  Property subject to forfeiture under this subchapter may be seized by a law enforcement officer on court process.  Seizure without process may be made if:
(1)  the seizure is incident to a lawful arrest or search conducted under a warrant issued under Chapter 18, Code of Criminal Procedure; or
(2)  the property subject to seizure has been the subject of a previous judgment in favor of the state in a forfeiture action brought under this subchapter.
(b)  For a seizure conducted under this section, an investigative agency shall promptly commence a forfeiture action under Section 140B.102.
Added by Acts 2023, 88th Leg., R.S., Ch. 885 (H.B. 4635), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140B - Civil Remedies and Enforcement Related to Racketeering and Unlawful Debt Collection › Subchapter C. Civil Remedies › Section 140B.106. Storage of Seized Property Pending Forfeiture Action

Sec. 140B.106.  STORAGE OF SEIZED PROPERTY PENDING FORFEITURE ACTION.  Property taken or detained under this subchapter is not subject to replevin but is considered to be in the custody of the law enforcement officer making the seizure, subject only to the order of the court.  When property is seized under this subchapter, pending forfeiture and final disposition, the law enforcement officer may:
(1)  place the property under seal;
(2)  remove the property to a place designated by a court; or
(3)  require another agency authorized by law to take custody of the property and remove it to an appropriate location.
Added by Acts 2023, 88th Leg., R.S., Ch. 885 (H.B. 4635), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140B - Civil Remedies and Enforcement Related to Racketeering and Unlawful Debt Collection › Subchapter C. Civil Remedies › Section 140B.107. Civil Action Brought by Attorney General, Local Prosecutor, or State Agency

Sec. 140B.107.  CIVIL ACTION BROUGHT BY ATTORNEY GENERAL, LOCAL PROSECUTOR, OR STATE AGENCY.  (a)  The office of the attorney general, a local prosecutor, or a state agency having jurisdiction over conduct constituting an offense under Section 72.02, 72.03, or 72.04, Penal Code, may institute civil actions under this subchapter.  The attorney general or a state agency may institute an action under Section 140B.101 or 140B.102 only if the attorney general or agency receives the consent of the applicable local prosecutor to bring the action.
(b)  In an action brought under this subchapter, the district court shall proceed as soon as practicable to the hearing and determination. Pending final determination, the district court may at any time enter injunctions, prohibitions, or restraining orders, or take actions, including the acceptance of satisfactory performance bonds, the court considers proper.
Added by Acts 2023, 88th Leg., R.S., Ch. 885 (H.B. 4635), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140B - Civil Remedies and Enforcement Related to Racketeering and Unlawful Debt Collection › Subchapter C. Civil Remedies › Section 140B.108. Effect of Final Judgment or Decree

Sec. 140B.108.  EFFECT OF FINAL JUDGMENT OR DECREE.  A final judgment or decree rendered in favor of this state in a criminal proceeding under state law prevents the defendant from asserting in any subsequent civil action brought under this chapter any matter as to which that judgment or decree would be an estoppel as between the parties.
Added by Acts 2023, 88th Leg., R.S., Ch. 885 (H.B. 4635), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140B - Civil Remedies and Enforcement Related to Racketeering and Unlawful Debt Collection › Subchapter C. Civil Remedies › Section 140B.109. Other Relief Available to Attorney General

Sec. 140B.109.  OTHER RELIEF AVAILABLE TO ATTORNEY GENERAL.  (a)  The attorney general may bring an action against a person who engages in conduct constituting an offense under Section 72.02, 72.03, or 72.04, Penal Code, to obtain:
(1)  injunctive relief;
(2)  a civil penalty as provided by this section; and
(3)  reasonable attorney's fees and reasonably incurred costs of investigation or litigation.
(b)  A defendant in an action brought under this section is subject to a civil penalty not to exceed:
(1)  $100,000 if the defendant is an individual; or
(2)  $1 million if the defendant is not an individual.
(c)  The attorney general shall deposit a civil penalty collected under this section to the credit of the general revenue fund. The attorney general shall deposit attorney's fees and costs collected under this section into the attorney general law enforcement account, which may be used to investigate and enforce this chapter.
(d)  Any party to an action brought under this section may petition the court for entry of a consent decree or for approval of a settlement agreement.  The proposed decree or settlement must specify the alleged violations, the future obligations of the parties, the relief agreed on, and the reasons for entering into the consent decree or settlement agreement.
Added by Acts 2023, 88th Leg., R.S., Ch. 885 (H.B. 4635), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140B - Civil Remedies and Enforcement Related to Racketeering and Unlawful Debt Collection › Subchapter C. Civil Remedies › Section 140B.110. Notice to Local Prosecutor

Sec. 140B.110.  NOTICE TO LOCAL PROSECUTOR.  (a)  In a reasonable time before bringing an action or on initiating an investigation on racketeering, the attorney general shall provide notice to the local prosecutor who appears to have primary jurisdiction over the criminal prosecution of any target of an investigation under this chapter at the time of the notice concerning the attorney general's intent to bring an action under this chapter or investigate racketeering, as applicable.
(b)  The notices described by Subsection (a) must describe or otherwise identify the defendant to the action or the suspect, as applicable.
Added by Acts 2023, 88th Leg., R.S., Ch. 885 (H.B. 4635), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140B - Civil Remedies and Enforcement Related to Racketeering and Unlawful Debt Collection › Subchapter C. Civil Remedies › Section 140B.111. Cooperation With Local Prosecutor

Sec. 140B.111.  COOPERATION WITH LOCAL PROSECUTOR.  (a)  A local prosecutor who receives notice under Section 140B.110 may notify the attorney general of a related pending criminal investigation or prosecution.
(b)  Notification to the attorney general under Subsection (a) must be in writing and describe or otherwise identify the defendant or suspect in the criminal investigation or proceeding.
(c)  On receipt of notice described by Subsection (a), the attorney general shall coordinate and cooperate with the local prosecutor to ensure that the filing of an action under this chapter does not interfere with an ongoing criminal investigation or prosecution.  The attorney general shall update the local prosecutor on matters affecting the action or the investigation.
Added by Acts 2023, 88th Leg., R.S., Ch. 885 (H.B. 4635), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140B - Civil Remedies and Enforcement Related to Racketeering and Unlawful Debt Collection › Subchapter C. Civil Remedies › Section 140B.112. Abatement of Action

Sec. 140B.112.  ABATEMENT OF ACTION.  If the local prosecutor determines that an action brought under this chapter would interfere with an ongoing criminal investigation or prosecution after notifying the attorney general of the investigation or prosecution under Section 140B.111, the local prosecutor may request, in writing, that the attorney general abate the action.  On receipt of this request, the attorney general shall abate the action.
Added by Acts 2023, 88th Leg., R.S., Ch. 885 (H.B. 4635), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140B - Civil Remedies and Enforcement Related to Racketeering and Unlawful Debt Collection › Subchapter C. Civil Remedies › Section 140B.113. Limitations; Tolling

Sec. 140B.113.  LIMITATIONS; TOLLING.  (a)  Notwithstanding any other law, the attorney general or a local prosecutor must bring an action under this chapter not later than the fifth anniversary of the later of:
(1)  the date the conduct that is the basis for the action terminates; or
(2)  the date the cause of action accrues.
(b)  If an indictment for an offense under Section 72.02, 72.03, or 72.04, Penal Code, is presented or a civil action is brought, or intervened in, to punish, prevent, or restrain conduct constituting an offense under Section 72.02, 72.03, or 72.04, Penal Code, the running of the period of limitations prescribed by this section with respect to any cause of action arising under Section 140B.109 that is wholly or partly based on a matter complained of in the indictment or the pleadings in the action, as applicable, is suspended during the pendency of the prosecution or litigation of the action, as applicable, and extended for two years following its termination.
Added by Acts 2023, 88th Leg., R.S., Ch. 885 (H.B. 4635), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140B - Civil Remedies and Enforcement Related to Racketeering and Unlawful Debt Collection › Subchapter C. Civil Remedies › Section 140B.114. Multiple Remedies Allowed

Sec. 140B.114.  MULTIPLE REMEDIES ALLOWED.  The application of one civil remedy under a provision of this chapter does not preclude the application of any other remedy, civil or criminal, under this chapter or any other law.  Civil remedies under this chapter are supplemental and not mutually exclusive.
Added by Acts 2023, 88th Leg., R.S., Ch. 885 (H.B. 4635), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140B - Civil Remedies and Enforcement Related to Racketeering and Unlawful Debt Collection › Subchapter D. Disposition of Funds Obtained Through Forfeiture Actions › Section 140B.151. Initial Distribution

Sec. 140B.151.  INITIAL DISTRIBUTION.  (a)  A court entering a judgment of forfeiture in an action brought under Subchapter C retains jurisdiction to direct the distribution of any cash or cash proceeds realized from the forfeiture and disposition of the property.  The court shall direct the distribution of the funds in the following order of priority:
(1)  statutory fees to which the clerk of the court may be entitled;
(2)  claims against the property by persons who have previously been judicially determined to be innocent persons and whose interests are preserved from forfeiture by the court and not otherwise satisfied; and
(3)  subject to Subsection (c), claims for restitution by victims of the racketeering activity.
(b)  A claim under Subsection (a)(2) may include a claim by a person appointed by the court as receiver pending litigation.
(c)  If the attorney general brought the forfeiture action, restitution shall be distributed though the compensation to victims of crime fund.  If the attorney general did not bring the forfeiture action, restitution shall be distributed by the clerk of the court.
Added by Acts 2023, 88th Leg., R.S., Ch. 885 (H.B. 4635), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140B - Civil Remedies and Enforcement Related to Racketeering and Unlawful Debt Collection › Subchapter D. Disposition of Funds Obtained Through Forfeiture Actions › Section 140B.153. Effect on Settlements

Sec. 140B.153.  EFFECT ON SETTLEMENTS.  (a)  This subchapter may not be construed to limit the authority of an entity that files a forfeiture action under Subchapter C to settle a claim for forfeiture.
(b)  Any proceeds arising from a settlement or from the sale of property obtained in a settlement shall be distributed in the manner described by Sections 140B.151 and 140B.152.
Added by Acts 2023, 88th Leg., R.S., Ch. 885 (H.B. 4635), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140B - Civil Remedies and Enforcement Related to Racketeering and Unlawful Debt Collection › Subchapter D. Disposition of Funds Obtained Through Forfeiture Actions › Section 140B.154. Temporary Deposit in Court Registry

Sec. 140B.154.  TEMPORARY DEPOSIT IN COURT REGISTRY.  Pending the final distribution of the cash or cash proceeds under this subchapter, the court may authorize the cash or cash proceeds to be deposited in the court registry or in a qualified public depository.
Added by Acts 2023, 88th Leg., R.S., Ch. 885 (H.B. 4635), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 141 - Structured Settlement Protection Act › Section 141.001. Short Title

Sec. 141.001.  SHORT TITLE.  This chapter may be cited as the Structured Settlement Protection Act.
Added by Acts 2001, 77th Leg., ch. 96, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 141 - Structured Settlement Protection Act › Section 141.003. Required Disclosures to Payee

Sec. 141.003.  REQUIRED DISCLOSURES TO PAYEE.  At least three days before the date on which the payee signs a transfer agreement, the transferee shall provide to the payee a separate disclosure statement, in bold type at least 14 points in size, that states:
(1)  the amounts and due dates of the structured settlement payments to be transferred;
(2)  the aggregate amount of the payments;
(3)  the discounted present value of the payments to be transferred, which shall be identified as the "calculation of current value of the transferred structured settlement payments under federal standards for valuing annuities," and the amount of the Applicable Federal Rate used in calculating the discounted present value;
(4)  the gross advance amount;
(5)  an itemized listing of all applicable transfer expenses, other than attorney's fees and related disbursements payable in connection with the transferee's application for approval of the transfer, and the transferee's best estimate of the amount of those expenses;
(6)  the net advance amount;
(7)  the amount of any penalties or liquidated damages payable by the payee in the event of any breach of the transfer agreement by the payee;  and
(8)  a statement that the payee has the right to cancel the transfer agreement, without penalty or further obligation, not later than the third business day after the date the agreement is signed by the payee.
Added by Acts 2001, 77th Leg., ch. 96, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 141 - Structured Settlement Protection Act › Section 141.004. Approval of Transfers of Structured Settlement Payment Rights

Sec. 141.004.  APPROVAL OF TRANSFERS OF STRUCTURED SETTLEMENT PAYMENT RIGHTS.  No direct or indirect transfer of structured settlement payment rights shall be effective and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly to any transferee of structured settlement payment rights unless the transfer has been approved in advance in a final court order based on express findings by the court that:
(1)  the transfer is in the best interest of the payee, taking into account the welfare and support of the payee's dependents;
(2)  the payee has been advised in writing by the transferee to seek independent professional advice regarding the transfer and has either received the advice or knowingly waived the advice in writing;  and
(3)  the transfer does not contravene any applicable statute or an order of any court or other governmental authority.
Added by Acts 2001, 77th Leg., ch. 96, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 141 - Structured Settlement Protection Act › Section 141.005. Effects of Transfer of Structured Settlement Payment Rights

Sec. 141.005.  EFFECTS OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS.  Following a transfer of structured settlement payment rights under this chapter:
(1)  the structured settlement obligor and the annuity issuer shall, as to all parties except the transferee, be discharged and released from any and all liability for the transferred payments;
(2)  the transferee shall be liable to the structured settlement obligor and the annuity issuer:
(A)  if the transfer contravenes the terms of the structured settlement, for any taxes incurred by the parties as a consequence of the transfer;  and
(B)  for any other liabilities or costs, including reasonable costs and attorney's fees, arising from compliance by the parties with the order of the court or arising as a consequence of the transferee's failure to comply with this chapter;
(3)  the transferee shall be liable to the payee:
(A)  if the transfer contravenes the terms of the structured settlement, for any taxes incurred by the payee as a consequence of the transfer;  and
(B)  for any other liabilities or costs, including reasonable costs and attorney's fees, arising as a consequence of the transferee's failure to comply with this chapter;
(4)  neither the structured settlement obligor nor the annuity issuer may be required to divide any periodic payment between the payee and any transferee or assignee or between two or more transferees or assignees;  and
(5)  any further transfer of structured settlement payment rights by the payee may be made only after compliance with all of the requirements of this chapter.
Added by Acts 2001, 77th Leg., ch. 96, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 141 - Structured Settlement Protection Act › Section 141.007. General Provisions; Construction

Sec. 141.007.  GENERAL PROVISIONS;  CONSTRUCTION.  (a)  The provisions of this chapter may not be waived by any payee.
(b)  Any transfer agreement entered into by a payee who resides in this state must provide that disputes under the transfer agreement, including any claim that the payee has breached the agreement, shall be determined in and under the laws of this state.  The transfer agreement may not authorize the transferee or any other party to confess judgment or consent to entry of judgment against the payee.
(c)  Transfer of structured settlement payment rights may not extend to any payments that are life-contingent unless, prior to the date on which the payee signs the transfer agreement, the transferee has established and agreed to maintain procedures reasonably satisfactory to the structured settlement obligor and the annuity issuer for:
(1)  periodically confirming the payee's survival;  and
(2)  giving the structured settlement obligor and the annuity issuer prompt written notice in the event of the payee's death.
(d)  A payee who proposes to make a transfer of structured settlement payment rights may not incur any penalty, forfeit any application fee or other payment, or otherwise incur any liability to the proposed transferee or any assignee based on any failure of the transfer to satisfy the conditions of this chapter.
(e)  Nothing contained in this chapter may be construed to authorize any transfer of structured settlement payment rights in contravention of any law or to imply that any transfer under a transfer agreement entered into before the effective date of this chapter is valid or invalid.
(f)  Compliance with the requirements in Section 141.003 and fulfillment of the conditions in Section 141.004 are solely the responsibility of the transferee in any transfer of structured settlement payment rights, and neither the structured settlement obligor nor the annuity issuer bear any responsibility for, or any liability arising from, noncompliance with the requirements or failure to fulfill the conditions.
Added by Acts 2001, 77th Leg., ch. 96, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 142 - Limitation on Liability for Hiring Certain Employees › Section 142.001. Definitions

Sec. 142.001.  DEFINITIONS.  In this chapter:
(1)  "Employee" means a person other than an independent contractor who, for compensation, performs services for an employer under a written or oral contract for hire, whether express or implied.
(2)  "Independent contractor" has the meaning assigned by Section 91.001, Labor Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 287 (H.B. 1188), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 142 - Limitation on Liability for Hiring Certain Employees › Section 142.002. Limitation on Liability for Hiring Employee Convicted of Offense

Sec. 142.002.  LIMITATION ON LIABILITY FOR HIRING EMPLOYEE CONVICTED OF OFFENSE.  (a)  A cause of action may not be brought against an employer, general contractor, premises owner, or other third party solely for negligently hiring or failing to adequately supervise an employee, based on evidence that the employee has been convicted of an offense.
(b)  This section does not preclude a cause of action for negligent hiring or the failure of an employer, general contractor, premises owner, or other third party to provide adequate supervision of an employee, if:
(1)  the employer, general contractor, premises owner, or other third party knew or should have known of the conviction; and
(2)  the employee was convicted of:
(A)  an offense that was committed while performing duties substantially similar to those reasonably expected to be performed in the employment, or under conditions substantially similar to those reasonably expected to be encountered in the employment, taking into consideration the factors listed in Sections 53.022 and 53.023(a), Occupations Code, without regard to whether the occupation requires a license;
(B)  an offense listed in Article 42A.054, Code of Criminal Procedure; or
(C)  a sexually violent offense, as defined by Article 62.001, Code of Criminal Procedure.
(c)  The protections provided to an employer, general contractor, premises owner, or third party under this section do not apply in a suit concerning the misuse of funds or property of a person other than the employer, general contractor, premises owner, or third party by an employee if, on the date the employee was hired, the employee had been convicted of a crime that includes fraud or the misuse of funds or property as an element of the offense, and it was foreseeable that the position for which the employee was hired would involve discharging a fiduciary responsibility in the management of funds or property.
(d)  This section does not create a cause of action or expand an existing cause of action.
Added by Acts 2013, 83rd Leg., R.S., Ch. 287 (H.B. 1188), Sec. 1, eff. June 14, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.02, eff. January 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 142A - Limitation on Liability for Certain Programs › Section 142A.001. Definitions

Sec. 142A.001.  DEFINITIONS.  In this chapter:
(1)  "Employee" means a person who, for compensation, performs services for an employer under a written or oral contract, whether express or implied.
(2)  "Employee wellness program" means a program established by an employer that provides an incentive to an employee that promotes wellness or a healthy lifestyle.
Added by Acts 2015, 84th Leg., R.S., Ch. 774 (H.B. 2390), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 142A - Limitation on Liability for Certain Programs › Section 142A.002. Limitation on Liability for Wellness Programs

Sec. 142A.002.  LIMITATION ON LIABILITY FOR WELLNESS PROGRAMS.  (a)  A civil action may not be brought against an employer for establishing, maintaining, or requiring participation in an employee wellness program unless:
(1)  the program discriminates on the basis of a prior medical condition, gender, age, or income level; or
(2)  the cause of action is based on intentional or reckless conduct.
(b)  This section does not create a cause of action or expand an existing cause of action.
Added by Acts 2015, 84th Leg., R.S., Ch. 774 (H.B. 2390), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 143 - Harmful Access by Computer › Section 143.001. Cause of Action

Sec. 143.001.  CAUSE OF ACTION.  (a)  A person who is injured or whose property has been injured as a result of a violation under Chapter 33, Penal Code, has a civil cause of action if the conduct constituting the violation was committed knowingly or intentionally.
(b)  A person must bring suit for damages under this section before the earlier of the fifth anniversary of the date of the last act in the course of the conduct constituting a violation under Chapter 33, Penal Code, or the second anniversary of the date the claimant first discovered or had reasonable opportunity to discover the violation.
Added by Acts 1989, 71st Leg., ch. 306, Sec. 5, eff. Sept. 1, 1989.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 143 - Harmful Access by Computer › Section 143.002. Damages

Sec. 143.002.  DAMAGES.  A person who establishes a cause of action under this chapter is entitled to:
(1)  actual damages;  and
(2)  reasonable attorney's fees and costs.
Added by Acts 1989, 71st Leg., ch. 306, Sec. 5, eff. Sept. 1, 1989.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 143A - Discourse on Social Media Platforms › Section 143A.001. Definitions

Sec. 143A.001.  DEFINITIONS.  In this chapter:
(1)  "Censor" means to block, ban, remove, deplatform, demonetize, de-boost, restrict, deny equal access or visibility to, or otherwise discriminate against expression.
(2)  "Expression" means any word, music, sound, still or moving image, number, or other perceivable communication.
(3)  "Receive," with respect to an expression, means to read, hear, look at, access, or gain access to the expression.
(4)  "Social media platform" has the meaning assigned by Section 120.001, Business & Commerce Code.
(5)  "Unlawful expression" means an expression that is unlawful under the United States Constitution, federal law, the Texas Constitution, or the laws of this state, including expression that constitutes a tort under the laws of this state or the United States.
(6)  "User" means a person who posts, uploads, transmits, shares, or otherwise publishes or receives expression, through a social media platform.  The term includes a person who has a social media platform account that the social media platform has disabled or locked.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 3 (H.B. 20), Sec. 7, eff. December 2, 2021.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 143A - Discourse on Social Media Platforms › Section 143A.002. Censorship Prohibited

Sec. 143A.002.  CENSORSHIP PROHIBITED.  (a)  A social media platform may not censor a user, a user's expression, or a user's ability to receive the expression of another person based on:
(1)  the viewpoint of the user or another person;
(2)  the viewpoint represented in the user's expression or another person's expression; or
(3)  a user's geographic location in this state or any part of this state.
(b)  This section applies regardless of whether the viewpoint is expressed on a social media platform or through any other medium.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 3 (H.B. 20), Sec. 7, eff. December 2, 2021.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 143A - Discourse on Social Media Platforms › Section 143A.003. Waiver Prohibited

Sec. 143A.003.  WAIVER PROHIBITED.  (a)  A waiver or purported waiver of the protections provided by this chapter is void as unlawful and against public policy, and a court or arbitrator may not enforce or give effect to the waiver, including in an action brought under Section 143A.007, notwithstanding any contract or choice-of-law provision in a contract.
(b)  The waiver prohibition described by Subsection (a) is a public-policy limitation on contractual and other waivers of the highest importance and interest to this state, and this state is exercising and enforcing this limitation to the full extent permitted by the United States Constitution and Texas Constitution.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 3 (H.B. 20), Sec. 7, eff. December 2, 2021.