LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 77th Regular Session
March 6, 2001
TO: Honorable Fred M. Bosse, Chair, House Committee on Civil
Practices
FROM: John Keel, Director, Legislative Budget Board
IN RE: HB520 by Gallego (Relating to compensation for persons
wrongfully imprisoned or sentenced to death.), As
Introduced
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* No significant fiscal implication to the State is anticipated. *
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The bill would increase the cap for damages for wrongful imprisonment for
physical pain and suffering from $25,000 to $50,000 and the total cap
from $50,000 to $100,000. The bill would also create a separate
compensation schedule for those persons who had received a death
sentence. The limit for death sentence persons would be capped at
$200,000. The bill also lists factors for a judge or jury to consider in
awarding damages.
The Office of the Attorney General (OAG) estimates that any additional
legal work resulting from the passage of the bill could be reasonably
absorbed within current resources. There was one wrongful imprisonment
lawsuit funded in the 1999 legislative session. Currently, there are
three, possibly four, awaiting funding. The OAG anticipates a similar
number of lawsuits each session.
Local Government Impact
No fiscal implication to units of local government is anticipated.
Source Agencies: 304 Comptroller of Public Accounts, 302 Office of
the Attorney General
LBB Staff: JK, TB