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                                  * * * * *