By Dutton H.R. No. 1267
77R17828 SGA-D
R E S O L U T I O N
1-1 BE IT RESOLVED by the House of Representatives of the State
1-2 of Texas, 77th Legislature, Regular Session, 2001, That House Rule
1-3 13, Section 9(a), be suspended in part as provided by House Rule
1-4 13, Section 9(f), to enable the conference committee appointed to
1-5 resolve the differences on Senate Bill 536, relating to
1-6 compensation for wrongful imprisonment, to consider and take action
1-7 on the following matter:
1-8 House Rule 13, Section 9(a)(4), is suspended to permit the
1-9 committee to add a new section to the bill to read as follows:
1-10 SECTION 2. Section 403.074, Government Code, is amended by
1-11 amending Subsections (b) and (d) and adding Subsection (g) to read
1-12 as follows:
1-13 (b) Except as provided by Subsection (g), the [The]
1-14 comptroller may not pay a miscellaneous claim unless the claim has
1-15 been:
1-16 (1) verified and substantiated by an authorized
1-17 employee of the state agency whose special fund or account is to be
1-18 charged for the claim;
1-19 (2) verified by the attorney general as a legally
1-20 enforceable obligation of the state; and
1-21 (3) certified by the claimant as due and unpaid.
1-22 (d) Except as provided by Subsection (g), the [The]
1-23 comptroller may not pay under this section a single claim in excess
1-24 of $25,000, or an aggregate of claims by a single claimant during a
2-1 biennium in excess of $25,000. For the purposes of this subsection,
2-2 all claims that were originally held by one person are considered
2-3 held by a single claimant regardless of whether those claims were
2-4 later transferred.
2-5 (g) The comptroller shall pay under this section any claim
2-6 that satisfies the requirements of Subchapter B, Chapter 103, Civil
2-7 Practice and Remedies Code, as provided by Section 103.151, Civil
2-8 Practice and Remedies Code.
2-9 Explanation: This addition is necessary to ensure that the
2-10 comptroller has the authority to issue payments as required by the
2-11 changes to Chapter 103, Civil Practice and Remedies Code, that
2-12 exceed the current maximum allowed for miscellaneous claims under
2-13 Section 403.074, Government Code.