By Junell                                             H.B. No. 2858
         77R4415 JJT-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to limitations on payments for settlement of judgments
 1-3     made by state agencies from appropriated money.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 109.004, Civil Practice and Remedies Code,
 1-6     is amended to read as follows:
 1-7           Sec. 109.004.  PAYMENT OF CLAIM [DEDUCTION] FROM
 1-8     APPROPRIATION TO AGENCY [APPROPRIATION].  (a)  Subject to
 1-9     Subsections (b)-(d), a state agency may [(b) and (c), the
1-10     comptroller shall reduce the amount of each appropriation made to]
1-11     pay a claim subject to this chapter only from money appropriated to
1-12     [for a particular state agency from the appropriation made for]
1-13     that [state] agency in the General Appropriations Act.
1-14           (b)  The amount paid under this section by [reduction in the
1-15     appropriation for] a state agency for a particular claim may not
1-16     exceed a limitation imposed by the General Appropriations Act on
1-17     the amount that may be paid by the agency on a particular claim
1-18     [$5,000].
1-19           (c)  The total of all amounts paid by a state agency from
1-20     money appropriated to the [reductions in the appropriation for a
1-21     state] agency for any fiscal year under this section may not exceed
1-22     a limitation imposed by the General Appropriations Act on the
1-23     amount that may be paid under this section by a state [five percent
1-24     of the appropriation made to that] agency for that fiscal year.
 2-1           (d)  A limitation imposed by the General Appropriations Act
 2-2     on amounts that may be paid under this section does not apply to
 2-3     money specifically appropriated by the legislature to pay a claim.
 2-4           SECTION 2. Section 109.005(a), Civil Practice and Remedies
 2-5     Code, is amended to read as follows:
 2-6           (a)  The comptroller shall notify an affected state agency
 2-7     of:
 2-8                 (1)  each claim subject to this chapter paid by the
 2-9     comptroller under this chapter for that state agency;
2-10                 (2)  the amount of the claim;
2-11                 (3)  the amount of the claim paid from a special fund
2-12     or account;
2-13                 [(4)  the amount of any reduction made under Section
2-14     109.004;] and
2-15                 (4) [(5)]  the subject matter of the claim.
2-16           SECTION 3. This Act takes effect September 1, 2001.