By Ellis S.R. No. 1193
77R17829 SGA-D
R E S O L U T I O N
1-1 BE IT RESOLVED by the Senate of the State of Texas, 77th
1-2 Legislature, Regular Session, 2001, That Senate Rule 12.03 be
1-3 suspended in part as provided by Senate Rule 12.08 to enable the
1-4 conference committee appointed to resolve the differences on Senate
1-5 Bill 536, relating to compensation for wrongful imprisonment, to
1-6 consider and take action on the following matter:
1-7 Senate Rule 12.03(4) is suspended to permit the committee to
1-8 add a new section to the bill to read as follows:
1-9 SECTION 2. Section 403.074, Government Code, is amended by
1-10 amending Subsections (b) and (d) and adding Subsection (g) to read
1-11 as follows:
1-12 (b) Except as provided by Subsection (g), the [The]
1-13 comptroller may not pay a miscellaneous claim unless the claim has
1-14 been:
1-15 (1) verified and substantiated by an authorized
1-16 employee of the state agency whose special fund or account is to be
1-17 charged for the claim;
1-18 (2) verified by the attorney general as a legally
1-19 enforceable obligation of the state; and
1-20 (3) certified by the claimant as due and unpaid.
1-21 (d) Except as provided by Subsection (g), the [The]
1-22 comptroller may not pay under this section a single claim in excess
1-23 of $25,000, or an aggregate of claims by a single claimant during a
1-24 biennium in excess of $25,000. For the purposes of this subsection,
2-1 all claims that were originally held by one person are considered
2-2 held by a single claimant regardless of whether those claims were
2-3 later transferred.
2-4 (g) The comptroller shall pay under this section any claim
2-5 that satisfies the requirements of Subchapter B, Chapter 103, Civil
2-6 Practice and Remedies Code, as provided by Section 103.151, Civil
2-7 Practice and Remedies Code.
2-8 Explanation: This addition is necessary to ensure that the
2-9 comptroller has the authority to issue payments as required by the
2-10 changes to Chapter 103, Civil Practice and Remedies Code, that
2-11 exceed the current maximum allowed for miscellaneous claims under
2-12 Section 403.074, Government Code.