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.