SRC-MKV S.B. 1091 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1091
77R4415 JJT-FBy: Ellis, Rodney
Finance
3/30/2001
As Filed


DIGEST AND PURPOSE 

Currently, 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.  As proposed, 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 109.004, Civil Practice and Remedies Code, as
follows: 

Sec. 109.004.  New heading:  PAYMENT OF CLAIM FROM APPROPRIATION TO AGENCY.
(a) Authorizes a state agency, subject to Subsections (b)-(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. 

(b) 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. 

  (c) Makes conforming changes.

(d) Adds language providing that a limitation imposed by the General
Appropriations Act on amounts that may be paid under this section does not
apply to money specifically appropriated by the legislature to pay a claim. 

SECTION 2.  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 3.  Effective date: September 1, 2001.