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.