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.