77R13290 JRD-D
By Ellis S.B. No. 1091
Substitute the following for S.B. No. 1091:
By Junell C.S.S.B. No. 1091
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to limitations on payments for certain settlements or
1-3 judgments.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 109.002, Civil Practice and Remedies
1-6 Code, is amended to read as follows:
1-7 Sec. 109.002. APPLICABILITY; APPROPRIATIONS AND PAYMENTS FOR
1-8 CERTAIN CLAIMS [AS PROVIDED BY CHAPTER]. (a) This chapter applies
1-9 to appropriations and payments made in relation to:
1-10 (1) a claim for which the state government is liable
1-11 under Chapter 101 that results from the conduct of a state
1-12 agency; and
1-13 (2) indemnification of an employee, member of a
1-14 governing board, or other officer of a state agency under Chapter
1-15 104.
1-16 (b) Except as provided by Section 109.007, the legislature
1-17 may not make an appropriation to pay a claim for which the state
1-18 government is liable under Chapter 101 and that results from the
1-19 conduct of a state agency except in accordance with Section 109.003
1-20 [as provided by this chapter].
1-21 (c) [(b)] Except as provided by Section 109.007, the
1-22 legislature may not make an appropriation to indemnify an employee,
1-23 member of a governing board, or other officer of a state agency
1-24 under Chapter 104 except in accordance with Section 109.003 [as
2-1 provided by this chapter].
2-2 SECTION 2. Section 109.004, Civil Practice and Remedies
2-3 Code, is amended to read as follows:
2-4 Sec. 109.004. PAYMENT OF CLAIM BY [DEDUCTION FROM] AGENCY
2-5 [APPROPRIATION]. (a) This section does not apply to the payment of
2-6 a claim if the legislature has specifically:
2-7 (1) identified the claim; and
2-8 (2) appropriated money to pay the claim.
2-9 (b) Subject to Subsections (c) and (d), a state agency may
2-10 [(b) and (c), the comptroller shall reduce the amount of each
2-11 appropriation made to] pay a claim subject to this chapter only
2-12 from money appropriated to [for a particular state agency from the
2-13 appropriation made for] that [state] agency in the General
2-14 Appropriations Act.
2-15 (c) [(b)] The amount paid under this section by [reduction
2-16 in the appropriation for] a state agency for a single [particular]
2-17 claim may not exceed a limitation imposed by the General
2-18 Appropriations Act on the amount that may be paid by the agency on
2-19 a single claim [$5,000].
2-20 (d) [(c)] The total of all amounts paid by a state agency
2-21 from money appropriated to the [reductions in the appropriation for
2-22 a state] agency for any fiscal year under this section may not
2-23 exceed a limitation imposed by the General Appropriations Act on
2-24 the amount that may be paid under this section by a state [five
2-25 percent of the appropriation made to that] agency for that fiscal
2-26 year.
2-27 SECTION 3. Subsection (a), Section 109.005, Civil Practice
3-1 and Remedies Code, is amended to read as follows:
3-2 (a) The comptroller shall notify an affected state agency
3-3 of:
3-4 (1) each claim subject to this chapter paid by the
3-5 comptroller under this chapter for that state agency;
3-6 (2) the amount of the claim;
3-7 (3) the amount of the claim paid from a special fund
3-8 or account; and
3-9 (4) [the amount of any reduction made under Section
3-10 109.004; and]
3-11 [(5)] the subject matter of the claim.
3-12 SECTION 4. This Act takes effect September 1, 2001.