reglab/statecodes huggingface dataset:
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140 - Contractual Subrogation Rights of Payors of Certain Benefits › Section 140.005. Payors' Recovery Limited

Sec. 140.005.  PAYORS' RECOVERY LIMITED.  (a) If an injured covered individual is entitled by law to seek a recovery from the third-party tortfeasor for benefits paid or provided by a subrogee as described by Section 140.004, then all payors are entitled to recover as provided by Subsection (b) or (c).
(b)  This subsection applies when a covered individual is not represented by an attorney in obtaining a recovery. All payors' share under Subsection (a) of a covered individual's recovery is an amount that is equal to the lesser of:
(1)  one-half of the covered individual's gross recovery; or
(2)  the total cost of benefits paid, provided, or assumed by the payor as a direct result of the tortious conduct of the third party.
(c)  This subsection applies when a covered individual is represented by an attorney in obtaining a recovery. All payors' share under Subsection (a) of a covered individual's recovery is an amount that is equal to the lesser of:
(1)  one-half of the covered individual's gross recovery less attorney's fees and procurement costs as provided by Section 140.007; or
(2)  the total cost of benefits paid, provided, or assumed by the payor as a direct result of the tortious conduct of the third party less attorney's fees and procurement costs as provided by Section 140.007.
(d)  A common law doctrine that requires an injured party to be made whole before a subrogee makes a recovery does not apply to the recovery of a payor under this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 180 (H.B. 1869), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140 - Contractual Subrogation Rights of Payors of Certain Benefits › Section 140.006. Attorney's Fees in Declaratory Judgment Action

Sec. 140.006.  ATTORNEY'S FEES IN DECLARATORY JUDGMENT ACTION.  Notwithstanding Section 37.009 or any other law, if a declaratory judgment action is brought under this chapter, the court may not award costs or attorney's fees to any party in the action.
Added by Acts 2013, 83rd Leg., R.S., Ch. 180 (H.B. 1869), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140 - Contractual Subrogation Rights of Payors of Certain Benefits › Section 140.007. Attorney's Fees in Recovery Action

Sec. 140.007.  ATTORNEY'S FEES IN RECOVERY ACTION.  (a) Except as provided by Subsection (c), a payor of benefits whose interest is not actively represented by an attorney in an action to recover for a personal injury to a covered individual shall pay to an attorney representing the covered individual a fee in an amount determined under an agreement entered into between the attorney and the payor plus a pro rata share of expenses incurred in connection with the recovery.
(b)  Except as provided by Subsection (c), in the absence of an agreement described by Subsection (a), the court shall award to the attorney, payable out of the payor's share of the total gross recovery, a reasonable fee for recovery of the payor's share, not to exceed one-third of the payor's recovery.
(c)  If an attorney representing the payor's interest actively participates in obtaining a recovery, the court shall award and apportion between the covered individual's and the payor's attorneys a fee payable out of the payor's subrogation recovery.  In apportioning the award, the court shall consider the benefit accruing to the payor as a result of each attorney's service.  The total attorney's fees may not exceed one-third of the payor's recovery.
Added by Acts 2013, 83rd Leg., R.S., Ch. 180 (H.B. 1869), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140 - Contractual Subrogation Rights of Payors of Certain Benefits › Section 140.008. First-Party Recovery

Sec. 140.008.  FIRST-PARTY RECOVERY.  (a) Except as provided by Subsection (b), a payor of benefits may not pursue a recovery against a covered individual's first-party recovery.
(b)  A payor of benefits may pursue recovery against uninsured/underinsured motorist coverage or medical payments coverage only if the covered individual or the covered individual's immediate family did not pay the premiums for the coverage.
Added by Acts 2013, 83rd Leg., R.S., Ch. 180 (H.B. 1869), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140 - Contractual Subrogation Rights of Payors of Certain Benefits › Section 140.009. Construction of Chapter

Sec. 140.009.  CONSTRUCTION OF CHAPTER.  This chapter does not create a cause of action. Nothing in this chapter shall be construed to prevent a payor of benefits from waiving, negotiating, or not pursuing any claim or recovery described by Section 140.004 or 140.005.
Added by Acts 2013, 83rd Leg., R.S., Ch. 180 (H.B. 1869), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140A - Civil Racketeering Related to Trafficking of Persons › Subchapter A. General Provisions › Section 140A.001. Definitions

Sec. 140A.001.  DEFINITIONS.  In this chapter:
(1)  "Acquire" means an act to:
(A)  possess property;
(B)  prevent another person from using that person's property or dictate the terms of use of that property;
(C)  bring about or receive the transfer of any interest in property, whether to oneself or to another person; or
(D)  secure performance of a service.
(1-a)  "Attorney general" means the attorney general of Texas or any assistant attorney general acting under the direction of the attorney general of Texas.
(2)  "Enterprise" means a legal entity, a group of individuals associated in fact, or a combination of entities and individuals.
(3)  "Gain" means a benefit, an interest, or property, without reduction for expenses incurred in acquiring or maintaining the benefit, interest, or property or incurred for any other reason.
(4)  "Proceeds" means an interest in property acquired or derived from, produced or realized through, or directly or indirectly caused by an act or omission, and the fruits of the interest, in any form.
(5)  "Racketeering" means an act described by Section 140A.002.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1066 (H.B. 3241), Sec. 1, eff. June 14, 2013.
Redesignated from Civil Practice and Remedies Code, Chapter 140 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(5), eff. September 1, 2015.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1236, Sec. 21.002(1), eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 3, eff. September 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140A - Civil Racketeering Related to Trafficking of Persons › Subchapter A. General Provisions › Section 140A.0015. Applicability of Provisions

Sec. 140A.0015.  APPLICABILITY OF PROVISIONS.  (a)  The provisions of this chapter are cumulative of each other and any other provision of law in effect relating to the same subject.  The provisions of this chapter preserve the constitutional and common law authority of the attorney general to bring any action under state and federal law.
(b)  If any of the provisions of this chapter are held invalid, the remainder of the provisions are not affected as a result and the application of the provision held invalid to persons or circumstances other than those as to which it is held invalid are not affected as a result.
Added by Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140A - Civil Racketeering Related to Trafficking of Persons › Subchapter A. General Provisions › Section 140A.002. Civil Racketeering

Sec. 140A.002.  CIVIL RACKETEERING.  A person or enterprise commits racketeering if, for financial gain, the person or enterprise commits an offense under Chapter 20A, Penal Code (trafficking of persons).
Added by Acts 2013, 83rd Leg., R.S., Ch. 1066 (H.B. 3241), Sec. 1, eff. June 14, 2013.
Redesignated from Civil Practice and Remedies Code, Chapter 140 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(5), eff. September 1, 2015.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 11, eff. September 1, 2021.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140A - Civil Racketeering Related to Trafficking of Persons › Subchapter B. Procedures and Evidence › Section 140A.051. Definitions

Sec. 140A.051.  DEFINITIONS.  In this subchapter:
(1)  "Civil investigative demand" means any demand issued by the attorney general under this subchapter.
(2)  "Documentary material" means the original or a copy of any paper, contract, agreement, book, booklet, brochure, pamphlet, catalog, magazine, notice, announcement, circular, bulletin, instruction, minutes, agenda, study, analysis, report, graph, map, chart, table, schedule, note, letter, telegram, telephone recordings, or data compilations stored in or accessible through computer or other information retrieval systems, together with instructions and all other materials necessary to use or interpret the data compilations, and any product of discovery.
(3)  "Person" has the meaning assigned by Section 311.005, Government Code.
(4)  "Product of discovery" means:
(A)  the original or a copy of a deposition, interrogatory, document, thing, result of inspection of land or other property, examination, or admission that is obtained by any method of discovery in a judicial or administrative proceeding of an adversarial nature;
(B)  a digest, analysis, selection, compilation, or derivation of any item listed in Paragraph (A); and
(C)  an index, instruction, or other aid or means of access to any item listed in Paragraph (A).
(5)  "Racketeering investigation" means any inquiry conducted by the attorney general for the purpose of ascertaining whether any person is or has been engaged in or is actively preparing to engage in activities that may constitute a racketeering violation.
(6)  "Racketeering violation" means any act or omission in violation of any of the prohibitions in Section 140A.002.
Added by Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 5, eff. September 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140A - Civil Racketeering Related to Trafficking of Persons › Subchapter B. Procedures and Evidence › Section 140A.052. Civil Investigative Demand

Sec. 140A.052.  CIVIL INVESTIGATIVE DEMAND.  If the attorney general has reason to believe that a person may be in possession, custody, or control of any documentary material or other evidence or may have any information relevant to a civil racketeering investigation, the attorney general may, before beginning a civil proceeding, issue in writing and serve on the person a civil investigative demand requiring the person to:
(1)  produce any of the documentary material for inspection and copying;
(2)  answer in writing any written interrogatories;
(3)  give oral testimony; or
(4)  provide any combination of civil investigative demands under Subdivisions (1)-(3).
Added by Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 5, eff. September 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140A - Civil Racketeering Related to Trafficking of Persons › Subchapter B. Procedures and Evidence › Section 140A.053. Contents of Demand

Sec. 140A.053.  CONTENTS OF DEMAND.  (a)  A civil investigative demand issued under Section 140A.052 must:
(1)  describe the nature of the activities that are the subject of the investigation;
(2)  state each statute the activity violates; and
(3)  advise the person on whom the demand is served that the person has the right to object to the demand as provided for in this subchapter.
(b)  A demand for production of documentary material must:
(1)  describe the class of material to be produced with reasonable specificity so that the material demanded is fairly identified;
(2)  prescribe a return date that provides a reasonable period of time within which the material is to be produced; and
(3)  identify the individual to whom the material is to be made available for inspection and copying.
(c)  A demand for answers to written interrogatories must:
(1)  propound the interrogatories with definiteness and certainty;
(2)  prescribe a date by which answers to the interrogatories must be submitted; and
(3)  identify the individual to whom the answers should be submitted.
(d)  Each demand for the giving of oral testimony must:
(1)  prescribe a reasonable date, time, and place at which the testimony will begin; and
(2)  identify the individual who will conduct the examination.
Added by Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 5, eff. September 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140A - Civil Racketeering Related to Trafficking of Persons › Subchapter B. Procedures and Evidence › Section 140A.054. Service; Proof of Service

Sec. 140A.054.  SERVICE; PROOF OF SERVICE.  (a)  Service of any civil investigative demand or petition filed under Section 140A.055 or 140A.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 140A.055 or 140A.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 140A.055 or 140A.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 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 5, eff. September 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140A - Civil Racketeering Related to Trafficking of Persons › Subchapter B. Procedures and Evidence › Section 140A.055. Petition for Order Modifying or Setting Aside Demand

Sec. 140A.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 in accordance with Section 140A.054.  The attorney general 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 issued the demand in good faith and within the scope of the attorney general's authority.
Added by Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 5, eff. September 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140A - Civil Racketeering Related to Trafficking of Persons › Subchapter B. Procedures and Evidence › Section 140A.056. Compliance With Demand

Sec. 140A.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 140A.055, provided that the petitioner shall comply with any portions of the demand not sought to be modified or set aside.
Added by Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 5, eff. September 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140A - Civil Racketeering Related to Trafficking of Persons › Subchapter B. Procedures and Evidence › Section 140A.057. Documentary Material

Sec. 140A.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 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.  The attorney general 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 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 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 5, eff. September 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140A - Civil Racketeering Related to Trafficking of Persons › Subchapter B. Procedures and Evidence › Section 140A.058. Interrogatories

Sec. 140A.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 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 5, eff. September 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140A - Civil Racketeering Related to Trafficking of Persons › Subchapter B. Procedures and Evidence › Section 140A.060. Failure to Comply With Demand Petition for Enforcement

Sec. 140A.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 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 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.
Added by Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 5, eff. September 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140A - Civil Racketeering Related to Trafficking of Persons › Subchapter B. Procedures and Evidence › Section 140A.061. Deliberate Noncompliance

Sec. 140A.061.  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 misdemeanor punishable by:
(1)  a fine of not more than $5,000;
(2)  confinement in a county jail for not more than one year; or
(3)  both a fine and confinement.
Added by Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 5, eff. September 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140A - Civil Racketeering Related to Trafficking of Persons › Subchapter B. Procedures and Evidence › Section 140A.062. Disclosure and Use of Material and Information

Sec. 140A.062.  DISCLOSURE AND USE OF MATERIAL AND INFORMATION.  (a)  The civil investigative demand issued by the attorney general, 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 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;
(3)  to an employee or other person under the direction of the attorney general;
(4)  to an agency of this state, the United States, or another state or foreign country;
(5)  to any party or person in accordance with Sections 140A.107 and 140A.108;
(6)  to a political subdivision of this state; or
(7)  to a person authorized by the attorney general to receive the information.
(c)  The attorney general 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 determines necessary in the enforcement of this chapter, including presentation before  court.
Added by Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 5, eff. September 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140A - Civil Racketeering Related to Trafficking of Persons › Subchapter B. Procedures and Evidence › Section 140A.063. Jurisdiction

Sec. 140A.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 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 5, eff. September 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140A - Civil Racketeering Related to Trafficking of Persons › Subchapter B. Procedures and Evidence › Section 140A.064. Nonexclusive Procedures

Sec. 140A.064.  NONEXCLUSIVE PROCEDURES.  Nothing in this chapter precludes the attorney general from using any procedure not specified in this chapter in conducting a racketeering investigation.
Added by Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 5, eff. September 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140A - Civil Racketeering Related to Trafficking of Persons › Subchapter C. Enforcement › Section 140A.101. Suit to Abate Racketeering

Sec. 140A.101.  SUIT TO ABATE RACKETEERING.  (a)  The attorney general may bring suit in the name of the state against a person or enterprise for racketeering and may seek civil penalties, costs, reasonable attorney's fees, and appropriate injunctive relief.
(b)  This chapter does not authorize suit by a person or enterprise that sustains injury as a result of racketeering.
(c)  A suit under this chapter must be brought in a district court in a county in which all or part of the alleged racketeering offense giving rise to the suit occurred.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1066 (H.B. 3241), Sec. 1, eff. June 14, 2013.
Redesignated from Civil Practice and Remedies Code, Chapter 140 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(5), eff. September 1, 2015.
Transferred, redesignated and amended from Civil Practice and Remedies Code, Section 140A.003 by Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 7, eff. September 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140A - Civil Racketeering Related to Trafficking of Persons › Subchapter C. Enforcement › Section 140A.103. Constructive Trust

Sec. 140A.103.  CONSTRUCTIVE TRUST.  (a)  A person or enterprise that, through racketeering, acquires property or prevents another person from receiving property that by law is required to be transferred or paid to that person is an involuntary trustee.  The involuntary trustee or any other person or enterprise, other than a bona fide purchaser for value as described by Subsection (b), holds the property and the proceeds of the property in constructive trust for the benefit of any person entitled to remedies under this chapter.
(b)  A bona fide purchaser for value who was reasonably without notice of unlawful conduct and who did not knowingly take part in an illegal transaction is not an involuntary trustee under Subsection (a) and is not subject to a constructive trust imposed under this chapter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1066 (H.B. 3241), Sec. 1, eff. June 14, 2013.
Redesignated from Civil Practice and Remedies Code, Chapter 140 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(5), eff. September 1, 2015.
Transferred, redesignated and amended from Civil Practice and Remedies Code, Section 140A.005 by Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 7, eff. September 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140A - Civil Racketeering Related to Trafficking of Persons › Subchapter C. Enforcement › Section 140A.104. Evidence

Sec. 140A.104.  EVIDENCE.  (a)  In a proceeding under this chapter, the state bears the burden of proof by a preponderance of the evidence.
(b)  A person convicted in a criminal proceeding is precluded, in a proceeding under this chapter, from subsequently denying the essential allegations of the criminal offense of which the person was convicted.  For purposes of this subsection, a verdict or a plea, including a plea of nolo contendere, is considered a conviction.
(c)  An individual may not be held liable under this chapter based on the conduct of another person unless the finder of fact finds by a preponderance of the evidence that the individual authorized, requested, commanded, participated in, ratified, or recklessly tolerated the unlawful conduct of the other person.
(d)  An enterprise may not be held liable under this chapter based on the conduct of a person unless the finder of fact finds by a preponderance of the evidence that a director or high managerial agent performed, authorized, requested, commanded, participated in, ratified, or recklessly tolerated the unlawful conduct of the person.
(e)  A bank or savings and loan association insured by the Federal Deposit Insurance Corporation, a credit union insured by the National Credit Union Administration, or the holder of a money transmission license as defined by Chapter 152, Finance Code, may not be held liable in damages or for other relief under this chapter, unless the finder of fact finds by a preponderance of the evidence that the person or agent acquiring or maintaining an interest in or transporting, transacting, transferring, or receiving the funds on behalf of another did so knowing that the funds were the proceeds of an offense and that a director or high managerial agent performed, authorized, requested, commanded, participated in, ratified, or recklessly tolerated the unlawful conduct of the person or agent.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1066 (H.B. 3241), Sec. 1, eff. June 14, 2013.
Redesignated from Civil Practice and Remedies Code, Chapter 140 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(5), eff. September 1, 2015.
Transferred, redesignated and amended from Civil Practice and Remedies Code, Section 140A.006 by Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 7, eff. September 1, 2017.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 13, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 277 (S.B. 895), Sec. 2.01, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140A - Civil Racketeering Related to Trafficking of Persons › Subchapter C. Enforcement › Section 140A.105. Limitations Period

Sec. 140A.105.  LIMITATIONS PERIOD.  A proceeding may be commenced under this chapter only if the proceeding is filed on or before the seventh anniversary of the date on which the racketeering offense was actually discovered.  This section supersedes any conflicting provision establishing a shorter period of limitations for the same conduct.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1066 (H.B. 3241), Sec. 1, eff. June 14, 2013.
Redesignated from Civil Practice and Remedies Code, Chapter 140 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(5), eff. September 1, 2015.
Transferred, redesignated and amended from Civil Practice and Remedies Code, Section 140A.007 by Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 7, eff. September 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140A - Civil Racketeering Related to Trafficking of Persons › Subchapter C. Enforcement › Section 140A.106. Special Docketing Procedures

Sec. 140A.106.  SPECIAL DOCKETING PROCEDURES.  The attorney general may file with the clerk of the district court in which a proceeding is brought under this chapter a certificate stating that the case is of special public importance.  The clerk must immediately furnish a copy of the certificate to the administrative judge of the district court of the county in which the proceeding is pending.  On receiving the copy of the certificate, the administrative judge shall immediately designate a judge to hear and determine the proceeding.  The designated judge shall promptly assign the proceeding for hearing, participate in hearings, make determinations, and cause the action to be expedited.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1066 (H.B. 3241), Sec. 1, eff. June 14, 2013.
Redesignated from Civil Practice and Remedies Code, Chapter 140 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(5), eff. September 1, 2015.
Transferred, redesignated and amended from Civil Practice and Remedies Code, Section 140A.008 by Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 7, eff. September 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140A - Civil Racketeering Related to Trafficking of Persons › Subchapter C. Enforcement › Section 140A.107. Notice to Local Prosecutor

Sec. 140A.107.  NOTICE TO LOCAL PROSECUTOR.  (a)  In a reasonable time before initiating suit or on initiating an investigation on racketeering, the attorney general shall provide notice to the district attorney, criminal district attorney, or county attorney with felony criminal jurisdiction that 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 file suit under this chapter or investigate racketeering, as applicable.
(b)  The notices described by Subsection (a) must describe or otherwise identify the defendant to the suit or the suspect, as applicable.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1066 (H.B. 3241), Sec. 1, eff. June 14, 2013.
Redesignated from Civil Practice and Remedies Code, Chapter 140 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(5), eff. September 1, 2015.
Transferred, redesignated and amended from Civil Practice and Remedies Code, Section 140A.009 by Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 7, eff. September 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140A - Civil Racketeering Related to Trafficking of Persons › Subchapter C. Enforcement › Section 140A.108. Cooperation With Local Prosecutor

Sec. 140A.108.  COOPERATION WITH LOCAL PROSECUTOR.  (a)  A district attorney, criminal district attorney, or county attorney with felony criminal jurisdiction that receives notice under Section 140A.107 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 district attorney, criminal district attorney, or county attorney with felony criminal jurisdiction to ensure that the filing of a suit under this chapter does not interfere with an ongoing criminal investigation or prosecution.  The attorney general shall update the district attorney, criminal district attorney, or county attorney with felony criminal jurisdiction on matters affecting the suit or the investigation.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1066 (H.B. 3241), Sec. 1, eff. June 14, 2013.
Redesignated from Civil Practice and Remedies Code, Chapter 140 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(5), eff. September 1, 2015.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.002(2), eff. September 1, 2015.
Transferred, redesignated and amended from Civil Practice and Remedies Code, Section 140A.010 by Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 7, eff. September 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140A - Civil Racketeering Related to Trafficking of Persons › Subchapter C. Enforcement › Section 140A.109. Abatement of Suit

Sec. 140A.109.  ABATEMENT OF SUIT.  If the district attorney, criminal district attorney, or county attorney with felony criminal jurisdiction determines that a suit 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 140A.108, the district attorney, criminal district attorney, or county attorney with felony criminal jurisdiction may request, in writing, that the attorney general abate the suit.  On receipt of this request, the attorney general shall abate the suit.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1066 (H.B. 3241), Sec. 1, eff. June 14, 2013.
Redesignated from Civil Practice and Remedies Code, Chapter 140 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(5), eff. September 1, 2015.
Redesignated and amended by Acts 2015, 84th Leg., R.S., Ch. 1236, Sec. 21.002(3), eff. September 1, 2015.
Transferred, redesignated and amended from Civil Practice and Remedies Code, Section 140A.011 by Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 7, eff. September 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140A - Civil Racketeering Related to Trafficking of Persons › Subchapter C. Enforcement › Section 140A.110. Disposition of Assets

Sec. 140A.110.  DISPOSITION OF ASSETS.  (a)  An award issued in an action brought under this chapter must be paid in accordance with this section.
(b)  After a deduction of any costs of suit, including reasonable attorney's fees and court costs, 80 percent of the amount of the award remaining must be paid to the state, and the remaining 20 percent must be paid, on a pro rata basis, to each law enforcement agency, district attorney's office, criminal district attorney's office, and office of a county attorney with felony criminal jurisdiction found by the court to have assisted in the suit.
(c)  The first $10 million, after any costs of suit described by Subsection (b), that is paid to the state under this chapter in a fiscal year shall be dedicated to the compensation to victims of crime fund described by Subchapter J, Chapter 56B, Code of Criminal Procedure.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1066 (H.B. 3241), Sec. 1, eff. June 14, 2013.
Redesignated from Civil Practice and Remedies Code, Chapter 140 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(5), eff. September 1, 2015.
Transferred, redesignated and amended from Civil Practice and Remedies Code, Section 140A.012 by Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 7, eff. September 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 2.02, eff. January 1, 2021.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140A - Civil Racketeering Related to Trafficking of Persons › Subchapter C. Enforcement › Section 140A.111. Previously Seized Assets

Sec. 140A.111.  PREVIOUSLY SEIZED ASSETS.  Notwithstanding another provision of this chapter, no remedies provided by this chapter may be assessed against proceeds, contraband, or other property over which a law enforcement agency has previously asserted jurisdiction under Chapter 59, Code of Criminal Procedure, at the time a suit under this chapter was filed.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1066 (H.B. 3241), Sec. 1, eff. June 14, 2013.
Redesignated from Civil Practice and Remedies Code, Chapter 140 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(5), eff. September 1, 2015.
Transferred, redesignated and amended from Civil Practice and Remedies Code, Section 140A.013 by Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 7, eff. September 1, 2017.
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 A. General Provisions › Section 140B.001. Definitions

Sec. 140B.001.  DEFINITIONS.  In this chapter:
(1)  "Beneficial interest":
(A)  means the interest of a person:
(i)  as a beneficiary under a trust established under the Texas Trust Code (Subtitle B, Title 9, Property Code) in which the trustee for the trust holds legal or record title to real property;
(ii)  as a beneficiary under any other trust arrangement under which a trustee holds legal or record title to real property for the benefit of the person; or
(iii)  under any other form of express fiduciary arrangement under which any other person holds legal or record title to real property for the benefit of the person; and
(B)  does not include the interest of a shareholder in a corporation or the interest of a partner in either a general partnership or a limited partnership.
(2)  "Cash or cash proceeds" includes:
(A)  damages, penalties, or any other monetary payment;
(B)  monetary proceeds from property forfeited to the state under Subchapter C; or
(C)  any payment made by a defendant by reason of a decree or settlement in an action filed under Subchapter C.
(3)  "Enterprise" means a legal entity, group of individuals associated in fact, or a combination of those entities and individuals.
(4)  "Investigative agency" means the Department of Public Safety, the attorney general, or a local prosecutor.
(5)  "Local prosecutor" means a district attorney, criminal district attorney, or county attorney with felony criminal jurisdiction.
(6)  "Money" means funds as defined by Section 34.01, Penal Code.
(7)  "Real property" means any real property or any interest in real property, including any lease of or mortgage on real property.
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 A. General Provisions › Section 140B.002. Special Docketing Procedures

Sec. 140B.002.  SPECIAL DOCKETING PROCEDURES.  The attorney general or local prosecutor may file with the clerk of the district court in which an action is brought under this chapter a certificate stating that the case is of special public importance.  The clerk must immediately furnish a copy of the certificate to the administrative judge of the district court of the county in which the action is pending.  On receiving the copy of the certificate, the administrative judge shall immediately designate a judge to hear and determine the action.  The designated judge shall promptly assign the action for hearing, participate in hearings, make determinations, and cause the action to be expedited.
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 A. General Provisions › Section 140B.003. Previously Seized Assets

Sec. 140B.003.  PREVIOUSLY SEIZED ASSETS.  Notwithstanding any other provision of this chapter, a remedy provided by this chapter may not be assessed against, and the attorney general may not claim or pursue in an action brought under this chapter, any proceeds, contraband, or other property of any kind over which a law enforcement authority has previously asserted jurisdiction under Chapter 59, Code of Criminal Procedure, at the time an action under this chapter was filed.
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.051. Definitions

Sec. 140B.051.  DEFINITIONS.  In this subchapter:
(1)  "Civil investigative demand" means any demand issued by the attorney general or a local prosecutor under this subchapter.
(2)  "Documentary material" means the original or a copy of any paper, contract, agreement, book, booklet, brochure, pamphlet, catalog, magazine, notice, announcement, circular, bulletin, instruction, minutes, agenda, study, analysis, report, graph, map, chart, table, schedule, note, letter, telegram, telephone recordings, or data compilations stored in or accessible through computer or other information retrieval systems, together with instructions and all other materials necessary to use or interpret the data compilations, and any product of discovery.
(3)  "Product of discovery" means:
(A)  the original or a copy of a deposition, interrogatory, document, thing, result of inspection of land or other property, examination, or admission that is obtained by any method of discovery in a judicial or administrative proceeding of an adversarial nature;
(B)  a digest, analysis, selection, compilation, or derivation of any item listed in Paragraph (A); and
(C)  an index, instruction, or other aid or means of access to any item listed in Paragraph (A).
(4)  "Racketeering investigation" means any inquiry conducted by the attorney general or a local prosecutor for the purpose of ascertaining whether any person is or has been engaged in or is actively preparing to engage in activities that may constitute a racketeering violation.
(5)  "Racketeering violation" means conduct constituting an offense under Section 72.02, 72.03, or 72.04, Penal Code.
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.052. Civil Investigative Demand

Sec. 140B.052.  CIVIL INVESTIGATIVE DEMAND.  If the attorney general or a local prosecutor has reason to believe that a person may be in possession, custody, or control of any documentary material or other evidence or may have any information relevant to a civil racketeering investigation, the attorney general or local prosecutor may, before beginning a civil proceeding under this chapter, issue in writing and serve on the person a civil investigative demand requiring the person to:
(1)  produce any of the documentary material for inspection and copying;
(2)  answer in writing any written interrogatories;
(3)  give oral testimony; or
(4)  provide any combination of civil investigative demands under Subdivisions (1)-(3).
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.053. Contents of Demand

Sec. 140B.053.  CONTENTS OF DEMAND.  (a)  A civil investigative demand issued under Section 140B.052 must:
(1)  describe the nature of the activities that are the subject of the investigation;
(2)  state each statute the activity violates; and
(3)  advise the person on whom the demand is served that the person has the right to object to the demand as provided for in this subchapter.
(b)  A demand for production of documentary material must:
(1)  describe the class of material to be produced with reasonable specificity so that the material demanded is fairly identified;
(2)  prescribe a return date that provides a reasonable period of time within which the material is to be produced; and
(3)  identify the individual to whom the material is to be made available for inspection and copying.
(c)  A demand for answers to written interrogatories must:
(1)  propound the interrogatories with definiteness and certainty;
(2)  prescribe a date by which answers to the interrogatories must be submitted; and
(3)  identify the individual to whom the answers should be submitted.
(d)  Each demand for the giving of oral testimony must:
(1)  prescribe a reasonable date, time, and place at which the testimony will begin; and
(2)  identify the individual who will conduct the examination.
Added by Acts 2023, 88th Leg., R.S., Ch. 885 (H.B. 4635), Sec. 2, eff. September 1, 2023.