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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 84(R)

House Bill 638

House Author:  Anchia et al.

Effective:  9-1-15

Senate Sponsor:  Ellis et al.


            House Bill 638 amends the Civil Practice and Remedies Code to authorize a person entitled to compensation for wrongful imprisonment to elect to receive reduced alternative annuity payments instead of standard annuity payments in order to extend the payment or a portion thereof to a surviving spouse or designated beneficiary on the claimant's death. The bill provides for an increase in the annuity payments should the spouse of a claimant that elected to receive a reduced payment die prior to the claimant.  The bill sets out provisions relating to distribution of an annuity in the case of multiple beneficiaries.  Annuity payments terminate if a claimant's spouse or designated beneficiary is convicted of a felony offense after that person begins receiving annuity payments.

            House Bill 638 authorizes a claimant who started receiving annuity payments before September 1, 2015, to elect to receive any remaining payments as reduced alternative annuity payments by filing the proper form with the comptroller of public accounts, who must develop and make available the election form not later than December 1, 2015.