1-1 By: Ellis S.B. No. 1091
1-2 (In the Senate - Filed March 5, 2001; March 6, 2001, read
1-3 first time and referred to Committee on Finance; April 4, 2001,
1-4 reported favorably by the following vote: Yeas 12, Nays 0;
1-5 April 4, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to limitations on payments for settlement of judgments
1-9 made by state agencies from appropriated money.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 109.004, Civil Practice and Remedies
1-12 Code, is amended to read as follows:
1-13 Sec. 109.004. PAYMENT OF CLAIM [DEDUCTION] FROM
1-14 APPROPRIATION TO AGENCY [APPROPRIATION]. (a) Subject to
1-15 Subsections (b)-(d), a state agency may [(b) and (c), the
1-16 comptroller shall reduce the amount of each appropriation made to]
1-17 pay a claim subject to this chapter only from money appropriated to
1-18 [for a particular state agency from the appropriation made for]
1-19 that [state] agency in the General Appropriations Act.
1-20 (b) The amount paid under this section by [reduction in the
1-21 appropriation for] a state agency for a particular claim may not
1-22 exceed a limitation imposed by the General Appropriations Act on
1-23 the amount that may be paid by the agency on a particular claim
1-24 [$5,000].
1-25 (c) The total of all amounts paid by a state agency from
1-26 money appropriated to the [reductions in the appropriation for a
1-27 state] agency for any fiscal year under this section may not exceed
1-28 a limitation imposed by the General Appropriations Act on the
1-29 amount that may be paid under this section by a state [five percent
1-30 of the appropriation made to that] agency for that fiscal year.
1-31 (d) A limitation imposed by the General Appropriations Act
1-32 on amounts that may be paid under this section does not apply to
1-33 money specifically appropriated by the legislature to pay a claim.
1-34 SECTION 2. Subsection (a), Section 109.005, Civil Practice
1-35 and Remedies Code, is amended to read as follows:
1-36 (a) The comptroller shall notify an affected state agency
1-37 of:
1-38 (1) each claim subject to this chapter paid by the
1-39 comptroller under this chapter for that state agency;
1-40 (2) the amount of the claim;
1-41 (3) the amount of the claim paid from a special fund
1-42 or account; and
1-43 (4) [the amount of any reduction made under Section
1-44 109.004; and]
1-45 [(5)] the subject matter of the claim.
1-46 SECTION 3. This Act takes effect September 1, 2001.
1-47 * * * * *