1-1 By: Combs (Senate Sponsor - Montford) H.B. No. 1193 1-2 (In the Senate - Received from the House May 13, 1993; 1-3 May 14, 1993, read first time and referred to Committee on Finance; 1-4 May 19, 1993, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 13, Nays 0; May 19, 1993, 1-6 sent to printer.) 1-7 COMMITTEE VOTE 1-8 Yea Nay PNV Absent 1-9 Montford x 1-10 Turner x 1-11 Armbrister x 1-12 Barrientos x 1-13 Bivins x 1-14 Ellis x 1-15 Haley x 1-16 Moncrief x 1-17 Parker x 1-18 Ratliff x 1-19 Sims x 1-20 Truan x 1-21 Zaffirini x 1-22 COMMITTEE SUBSTITUTE FOR H.B. No. 1193 By: Montford 1-23 A BILL TO BE ENTITLED 1-24 AN ACT 1-25 relating to appropriations for payment of certain claims against 1-26 state agencies. 1-27 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-28 SECTION 1. Title 5, Civil Practice and Remedies Code, is 1-29 amended by adding Chapter 109 to read as follows: 1-30 CHAPTER 109. APPROPRIATIONS FOR PAYMENT 1-31 OF CLAIMS AGAINST STATE AGENCIES 1-32 Sec. 109.001. DEFINITION. In this chapter, "state agency" 1-33 means any entity that constitutes the state government for purposes 1-34 of Section 101.001. 1-35 Sec. 109.002. APPROPRIATIONS AS PROVIDED BY CHAPTER. 1-36 (a) Except as provided by Section 109.007, the legislature may not 1-37 make an appropriation to pay a claim for which the state government 1-38 is liable under Chapter 101 and that results from the conduct of a 1-39 state agency except as provided by this chapter. 1-40 (b) Except as provided by Section 109.007, the legislature 1-41 may not make an appropriation to indemnify an employee, member of a 1-42 governing board, or other officer of a state agency under Chapter 1-43 104 except as provided by this chapter. 1-44 Sec. 109.003. SOURCE OF APPROPRIATION. An appropriation 1-45 subject to this chapter shall be made from otherwise unappropriated 1-46 amounts in a special fund or account that may be appropriated to 1-47 the affected state agency and that may be used for that purpose, to 1-48 the extent those amounts are available. To the extent those 1-49 amounts are not available, the appropriation may be made from the 1-50 general revenue fund. 1-51 Sec. 109.004. DEDUCTION FROM AGENCY APPROPRIATION. 1-52 (a) Subject to Subsections (b) and (c), the comptroller shall 1-53 reduce the amount of each appropriation made to pay a claim subject 1-54 to this chapter for a particular state agency from the 1-55 appropriation made for that state agency in the General 1-56 Appropriations Act. 1-57 (b) The reduction in the appropriation for a state agency 1-58 for a particular claim may not exceed $5,000. 1-59 (c) The total of all reductions in the appropriation for a 1-60 state agency for any fiscal year under this section may not exceed 1-61 five percent of the appropriation made to that agency for that 1-62 fiscal year. 1-63 Sec. 109.005. REPORTS. (a) The comptroller shall notify an 1-64 affected state agency of: 1-65 (1) each claim subject to this chapter paid by the 1-66 comptroller under this chapter for that state agency; 1-67 (2) the amount of the claim; 1-68 (3) the amount of the claim paid from a special fund 2-1 or account; 2-2 (4) the amount of any reduction made under Section 2-3 109.004; and 2-4 (5) the subject matter of the claim. 2-5 (b) Each agency shall summarize the information reported to 2-6 it by the comptroller under Subsection (a) and report that 2-7 information as part of the agency's annual report to the budget 2-8 division of the governor's office and to the Legislative Budget 2-9 Board as required by the General Appropriations Act. 2-10 Sec. 109.006. APPROPRIATION FOR CLAIM NOT LIMITED. This 2-11 chapter does not limit the amount the legislature may appropriate 2-12 to pay claims subject to this chapter. 2-13 Sec. 109.007. EXCEPTIONS. This chapter does not apply to an 2-14 appropriation: 2-15 (1) to pay or indemnify a person for a negligent act 2-16 or omission in the diagnosis, care, or treatment of a health care 2-17 or mental health care patient, without regard to whether the claim 2-18 is based on tort or contract principles; 2-19 (2) to pay a claim based on the conduct of a state 2-20 medical school or of a hospital affiliated with an institution of 2-21 higher education of this state; 2-22 (3) to pay a claim based on the conduct of an 2-23 institution of higher education; or 2-24 (4) to pay a claim based on the conduct of a state law 2-25 enforcement agency, including the Texas Department of Public 2-26 Safety, or of a state corrections agency, including the Texas 2-27 Department of Criminal Justice and the Board of Pardons and 2-28 Paroles. 2-29 SECTION 2. (a) This Act takes effect September 1, 1993. 2-30 (b) This Act applies only to an appropriation made on or 2-31 after September 1, 1994. An appropriation made before September 1, 2-32 1994, is governed by the law in effect immediately before the 2-33 effective date of this Act, and that law is continued in effect for 2-34 that purpose. 2-35 (c) This Act applies only to a claim that accrues after the 2-36 effective date of this Act or for which an appropriation is made on 2-37 or after September 1, 1994. A claim that accrues before the 2-38 effective date of this Act or for which an appropriation is made 2-39 before September 1, 1994, is governed by the law in effect 2-40 immediately before the effective date of this Act, and that law is 2-41 continued in effect for that purpose. 2-42 SECTION 3. The importance of this legislation and the 2-43 crowded condition of the calendars in both houses create an 2-44 emergency and an imperative public necessity that the 2-45 constitutional rule requiring bills to be read on three several 2-46 days in each house be suspended, and this rule is hereby suspended. 2-47 * * * * * 2-48 Austin, 2-49 Texas 2-50 May 19, 1993 2-51 Hon. Bob Bullock 2-52 President of the Senate 2-53 Sir: 2-54 We, your Committee on Finance to which was referred H.B. No. 1193, 2-55 have had the same under consideration, and I am instructed to 2-56 report it back to the Senate with the recommendation that it do not 2-57 pass, but that the Committee Substitute adopted in lieu thereof do 2-58 pass and be printed. 2-59 Montford, 2-60 Chairman 2-61 * * * * * 2-62 WITNESSES 2-63 No witnesses appeared on H.B. No. 1193.