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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 82(R)

House Bill 417

House Author:  Anchia et al.

Effective:  6-17-11

Senate Sponsor:  Ellis


            House Bill 417 amends the Civil Practice and Remedies Code, the Government Code, and the Insurance Code, to add conditions under which a person is entitled to compensation for wrongful imprisonment, among them the condition that the person has been granted a writ of habeas corpus. The Texas Department of Criminal Justice (TDCJ) is required to provide specified information to a wrongfully imprisoned person.  A wrongfully imprisoned person is eligible to obtain group health insurance coverage through the TDCJ as if the person were an employee of the department.  The bill sets a time limit for filing an application with the comptroller of public accounts for compensation.  Among other provisions, House Bill 417 prohibits a person, including an attorney, from charging or collecting a fee for preparing, filing, or curing a claimant's application for compensation unless the fee is based on a reasonable hourly rate.