SRC-MKV S.B. 1091 77(R)BILL ANALYSIS Senate Research CenterS.B. 1091 By: Ellis, Rodney Finance 7/9/2001 Enrolled DIGEST AND PURPOSE Article IX, Section 9-6.34, of the General Appropriations Act appears to conflict with Chapter 109, Civil Practice and Remedies Code, because Chapter 109 provides that the comptroller is to charge the amount of a claim against the appropriations to the agency, not to exceed $5,000 or five percent of the agency's appropriations and the General Appropriations Act provides that it may not exceed $10,000 or twenty-five percent. S.B. 1091 reconciles the differences between the General Appropriations Act and Chapter 109 of the Civil Practices and Remedies Code with regard to payment of claims by a state agency. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 109.002, Civil Practice and Remedies Code, as follows: Sec. 109.002. New heading: APPLICABILITY; APPROPRIATIONS AND PAYMENTS FOR CERTAIN CLAIMS. (a) Provides that this chapter applies to certain appropriations and payments. (b) Prohibits the legislature, except as provided by Section 109.007, from making an appropriation to pay a claim for which the state government is liable under Chapter 101 and that results from the conduct of a state agency except in accordance with Section 109.003. (c) Makes a conforming change. SECTION 2. Amends Section 109.004, Civil Practice and Remedies Code, as follows: Sec. 109.004. New heading: PAYMENT OF CLAIM BY AGENCY. (a) Provides that this section does not apply to the payment of a claim if the legislature has specifically identified the claim and appropriated money to pay the claim. (b) Authorizes a state agency, subject to Subsections (c) and (d), to pay a claim subject to this chapter only from money appropriated to that agency in the General Appropriations Act. Deletes language requiring the comptroller to reduce the amount of each appropriation made to pay a claim subject to this chapter. (c) Changes reference from "reduction in the appropriation for" to "amount paid under this section by." Adds language relating to a limitation imposed by the General Appropriations Act on the amount that may be paid by the agency on a particular claim. Deletes the specific amount of $5,000 relating to the prohibition of the amount paid under this section by a state agency from exceeding that amount. (d) Makes conforming changes. SECTION 3. Amends Section 109.005(a), Civil Practice and Remedies Code, to delete language relating to the comptroller notifying an affected state agency in regards to the amount of any reduction made under Section 109.004. SECTION 4. Effective date: September 1, 2001.