By Gallego                                            H.B. No. 1057
         77R3997 SGA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to compensation for wrongful conviction.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 103.001, Civil Practice and Remedies
 1-5     Code, is amended to read as follows:
 1-6           Sec. 103.001.  CLAIMANTS ENTITLED TO COMPENSATION.  A person
 1-7     is entitled to compensation if:
 1-8                 (1)  on the basis of the person's innocence, the person
 1-9     has received a full pardon for the crime and punishment for which
1-10     the person was sentenced; or
1-11                 (2)  the person:
1-12                       (A) [(1)]  has served in whole or in part a
1-13     sentence in prison under the laws of this state;
1-14                       (B) [(2)]  pleaded "not guilty" to the charge for
1-15     which he was convicted and that led to the imprisonment;
1-16                       (C) [(3)]  is not guilty of the crime for which
1-17     he was sentenced; and
1-18                       (D)  has a sworn statement that:
1-19                             (i)  states that the evidence available at
1-20     the time of the statement indicates the person was convicted in
1-21     error; and
1-22                             (ii)  is signed by other persons who are,
1-23     at the time of the statement, the sheriff, prosecuting attorney,
1-24     and judge in the county and court of offense, conviction, and
 2-1     release [(4) has received a full pardon for the crime and
 2-2     punishment for which he was sentenced].
 2-3           SECTION 2. Chapter 103, Civil Practice and Remedies Code, is
 2-4     amended by adding Section 103.008 to read as follows:
 2-5           Sec. 103.008.  EMPLOYEES NOT LIABLE AFTER SETTLEMENT OR
 2-6     JUDGMENT. (a) In this section, "employee" and "governmental unit"
 2-7     have the meanings assigned by Section 101.001.
 2-8           (b)  A judgment in an action or a settlement of a claim under
 2-9     this chapter that results in compensation to the claimant bars any
2-10     other action involving the same subject matter by the claimant
2-11     against a governmental unit or an employee of a governmental unit.
2-12           SECTION 3.  (a)  This Act applies to all actions for
2-13     compensation under Chapter 103, Civil Practice and Remedies Code:
2-14                 (1)  commenced on or after the effective date of this
2-15     Act; or
2-16                 (2)  pending on that effective date and in which the
2-17     trial, or any new trial or retrial following motion, appeal, or
2-18     otherwise, begins on or after that effective date.
2-19           (b)  In an action commenced before the effective date of this
2-20     Act, a trial, new trial, or retrial that is in progress on the
2-21     effective date is governed by the law applicable to the trial, new
2-22     trial, or retrial immediately before the effective date, and that
2-23     law is continued in effect for that purpose.
2-24           SECTION 4.  This Act takes effect immediately if it receives
2-25     a vote of two-thirds of all the members elected to each house, as
2-26     provided by Section 39, Article III, Texas Constitution.  If this
2-27     Act does not receive the vote necessary for immediate effect, this
 3-1     Act takes effect September 1, 2001.