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.