1-1 By: Montford S.B. No. 1473
1-2 (In the Senate - Filed May 4, 1993; May 4, 1993, read first
1-3 time and referred to Committee on Finance; May 13, 1993, reported
1-4 adversely, with favorable Committee Substitute by the following
1-5 vote: Yeas 12, Nays 0; May 13, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Montford x
1-9 Turner x
1-10 Armbrister x
1-11 Barrientos x
1-12 Bivins x
1-13 Ellis x
1-14 Haley x
1-15 Moncrief x
1-16 Parker x
1-17 Ratliff x
1-18 Sims x
1-19 Truan x
1-20 Zaffirini x
1-21 COMMITTEE SUBSTITUTE FOR S.B. No. 1473 By: Montford
1-22 A BILL TO BE ENTITLED
1-23 AN ACT
1-24 relating to appropriations for payment of certain claims against
1-25 state agencies.
1-26 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-27 SECTION 1. Title 5, Civil Practice and Remedies Code, is
1-28 amended by adding Chapter 109 to read as follows:
1-29 CHAPTER 109. APPROPRIATIONS FOR PAYMENT
1-30 OF CLAIMS AGAINST STATE AGENCIES
1-31 Sec. 109.001. DEFINITION. In this chapter, "state agency"
1-32 means any entity that constitutes the state government for purposes
1-33 of Section 101.001.
1-34 Sec. 109.002. APPROPRIATIONS AS PROVIDED BY CHAPTER. (a)
1-35 Except as provided by Section 109.007, the legislature may not make
1-36 an appropriation to pay a claim for which the state government is
1-37 liable under Chapter 101 and that results from the conduct of a
1-38 state agency except as provided by this chapter.
1-39 (b) Except as provided by Section 109.007, the legislature
1-40 may not make an appropriation to indemnify an employee, member of a
1-41 governing board, or other officer of a state agency under Chapter
1-42 104 except as provided by this chapter.
1-43 Sec. 109.003. SOURCE OF APPROPRIATION. An appropriation
1-44 subject to this chapter shall be made from otherwise unappropriated
1-45 amounts in a special fund or account that may be appropriated to
1-46 the affected state agency and that may be used for that purpose, to
1-47 the extent those amounts are available. To the extent those
1-48 amounts are not available, the appropriation may be made from the
1-49 general revenue fund.
1-50 Sec. 109.004. DEDUCTION FROM AGENCY APPROPRIATION.
1-51 (a) Subject to Subsections (b) and (c), the comptroller shall
1-52 reduce the amount of each appropriation made to pay a claim subject
1-53 to this chapter for a particular state agency from the
1-54 appropriation made for that state agency in the General
1-55 Appropriations Act.
1-56 (b) The reduction in the appropriation for a state agency
1-57 for a particular claim may not exceed $5,000.
1-58 (c) The total of all reductions in the appropriation for a
1-59 state agency for any fiscal year under this section may not exceed
1-60 five percent of the appropriation made to that agency for that
1-61 fiscal year.
1-62 Sec. 109.005. REPORTS. (a) The comptroller shall notify an
1-63 affected state agency of:
1-64 (1) each claim subject to this chapter paid by the
1-65 comptroller under this chapter for that state agency;
1-66 (2) the amount of the claim;
1-67 (3) the amount of the claim paid from a special fund
1-68 or account;
2-1 (4) the amount of any reduction made under Section
2-2 109.004; and
2-3 (5) the subject matter of the claim.
2-4 (b) Each agency shall summarize the information reported to
2-5 it by the comptroller under Subsection (a) and report that
2-6 information as part of the agency's annual report to the budget
2-7 division of the governor's office and to the Legislative Budget
2-8 Board as required by the General Appropriations Act.
2-9 Sec. 109.006. APPROPRIATION FOR CLAIM NOT LIMITED. This
2-10 chapter does not limit the amount the legislature may appropriate
2-11 to pay claim subject to this chapter.
2-12 Sec. 109.007. EXCEPTIONS. This chapter does not apply to an
2-13 appropriation:
2-14 (1) to pay or indemnify a person for a negligent act
2-15 or omission in the diagnosis, care, or treatment of a health care
2-16 or mental health care patient, without regard to whether the claim
2-17 is based on tort on contract principles;
2-18 (2) to pay a claim based on the conduct of a state
2-19 medical school or of a hospital affiliated with an institution of
2-20 higher education of this state;
2-21 (3) to pay a claim based on the conduct of an
2-22 institution of higher education; or
2-23 (4) to pay a claim based on the conduct of a state law
2-24 enforcement agency, including the Department of Public Safety of
2-25 the State of Texas, or of a state corrections agency, including the
2-26 Texas Department of Criminal Justice and the Board of Pardons and
2-27 Paroles.
2-28 SECTION 2. (a) This Act takes effect September 1, 1993.
2-29 (b) This Act applies only to an appropriation made on or
2-30 after September 1, 1994. An appropriation made before September 1,
2-31 1994, is governed by the law in effect immediately before the
2-32 effective date of this Act, and that law is continued in effect for
2-33 that purpose.
2-34 (c) This Act applies only to a claim that accrues after the
2-35 effective date of this Act or for which an appropriation is made on
2-36 or after September 1, 1994. A claim that accrues before the
2-37 effective date of this Act or for which an appropriation is made
2-38 before September 1, 1994, is governed by the law in effect
2-39 immediately before the effective date of this Act, and that law is
2-40 continued in effect for that purpose.
2-41 SECTION 3. The importance of this legislation and the
2-42 crowded condition of the calendars in both houses create an
2-43 emergency and an imperative public necessity that the
2-44 constitutional rule requiring bills to be read on three several
2-45 days in each house be suspended, and this rule is hereby suspended.
2-46 * * * * *
2-47 Austin,
2-48 Texas
2-49 May 13, 1993
2-50 Hon. Bob Bullock
2-51 President of the Senate
2-52 Sir:
2-53 We, your Committee on Finance to which was referred S.B. No. 1473,
2-54 have had the same under consideration, and I am instructed to
2-55 report it back to the Senate with the recommendation that it do not
2-56 pass, but that the Committee Substitute adopted in lieu thereof do
2-57 pass and be printed.
2-58 Montford,
2-59 Chairman
2-60 * * * * *
2-61 WITNESSES
2-62 FOR AGAINST ON
2-63 ___________________________________________________________________
2-64 Name: Ted Roberts x
2-65 Representing: Tx Assn of Business
2-66 City: Austin
2-67 -------------------------------------------------------------------
2-68 Name: Pamela McGee x
2-69 Representing: Comptrollers Office
2-70 City: Austin
3-1 -------------------------------------------------------------------
3-2 Name: Drew T. Durham x
3-3 Representing: Office of Attorney General
3-4 City: Austin
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