By: Montford S.B. No. 1473
A BILL TO BE ENTITLED
AN ACT
1-1 relating to appropriations for payment of certain claims against
1-2 state agencies.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Title 5, Civil Practice and Remedies Code, is
1-5 amended by adding Chapter 109 to read as follows:
1-6 CHAPTER 109. APPROPRIATIONS FOR PAYMENT OF
1-7 CLAIMS AGAINST STATE AGENCIES
1-8 Sec. 109.001. DEFINITION. In this chapter, "state agency"
1-9 means any entity that constitutes the state government for purposes
1-10 of Section 101.001.
1-11 Sec. 109.002. APPROPRIATIONS AS PROVIDED BY CHAPTER.
1-12 (a) The legislature may not make an appropriation to pay a claim
1-13 for which the state government is liable under Chapter 101 and that
1-14 results from the conduct of a state agency except as provided by
1-15 this chapter.
1-16 (b) The legislature may not make an appropriation to
1-17 indemnify an employee, member of a governing board, or other
1-18 officer of a state agency under Chapter 104 except as provided by
1-19 this chapter.
1-20 Sec. 109.003. SOURCE OF APPROPRIATION. An appropriation
1-21 subject to this chapter shall be made from otherwise unappropriated
1-22 amounts in a special fund or account that may be appropriated to
1-23 the affected state agency and that may be used for that purpose, to
2-1 the extent those amounts are available. To the extent those
2-2 amounts are not available, the appropriation may be made from the
2-3 general revenue fund.
2-4 Sec. 109.004. DEDUCTION FROM AGENCY APPROPRIATION.
2-5 (a) Subject to Subsections (b) and (c), the comptroller shall
2-6 reduce the amount of each appropriation made to pay a claim subject
2-7 to this chapter for a particular state agency from the
2-8 appropriation made for that state agency in the General
2-9 Appropriations Act.
2-10 (b) The reduction in the appropriation for a state agency
2-11 for a particular claim may not exceed $5,000.
2-12 (c) The total of all reductions in the appropriation for a
2-13 state agency for any fiscal year under this section may not exceed
2-14 five percent of the appropriation made to that agency for that
2-15 fiscal year.
2-16 Sec. 109.005. REPORTS. (a) The comptroller shall notify an
2-17 affected state agency of:
2-18 (1) each claim subject to this chapter paid by the
2-19 comptroller under this chapter for that state agency;
2-20 (2) the amount of the claim;
2-21 (3) the amount of the claim paid from a special fund
2-22 or account;
2-23 (4) the amount of any reduction made under Section
2-24 109.004; and
2-25 (5) the subject matter of the claim.
3-1 (b) Each agency shall summarize the information reported to
3-2 it by the comptroller under Subsection (a) and report that
3-3 information as part of the agency's annual report to the budget
3-4 division of the governor's office and to the Legislative Budget
3-5 Board as required by the General Appropriations Act.
3-6 Sec. 109.006. APPROPRIATION FOR CLAIM NOT LIMITED. This
3-7 chapter does not limit the amount the legislature may appropriate
3-8 to pay claims subject to this chapter.
3-9 Sec. 109.007. EXCEPTIONS. This chapter does not apply to an
3-10 appropriation:
3-11 (1) to pay or indemnify a person for a negligent act
3-12 or omission in the diagnosis, care, or treatment of a health care
3-13 or mental health care patient, without regard to whether the claim
3-14 is based on tort or contract principles;
3-15 (2) to pay a claim based on the conduct of a state
3-16 medical school or of a hospital affiliated with an institution of
3-17 higher education of this state;
3-18 (3) to pay a claim based on the conduct of an
3-19 institution of higher education; or
3-20 (4) to pay a claim based on the conduct of a state law
3-21 enforcement agency, including the Texas Department of Public
3-22 Safety, or of a state corrections agency, including the Texas
3-23 Department of Criminal Justice and the Board of Pardons and
3-24 Paroles.
3-25 SECTION 2. (a) This Act takes effect September 1, 1993.
4-1 (b) This Act applies only to an appropriation made on or
4-2 after September 1, 1994. An appropriation made before September 1,
4-3 1994, is governed by the law in effect immediately before the
4-4 effective date of this Act, and that law is continued in effect for
4-5 that purpose.
4-6 (c) This Act applies only to a claim that accrues after the
4-7 effective date of this Act or for which an appropriation is made on
4-8 or after September 1, 1994. A claim that accrues before the
4-9 effective date of this Act or for which an appropriation is made
4-10 before September 1, 1994, is governed by the law in effect
4-11 immediately before the effective date of this Act, and that law is
4-12 continued in effect for that purpose.
4-13 SECTION 3. The importance of this legislation and the
4-14 crowded condition of the calendars in both houses create an
4-15 emergency and an imperative public necessity that the
4-16 constitutional rule requiring bills to be read on three several
4-17 days in each house be suspended, and this rule is hereby suspended.