Amend CSSB 1719 by adding the following Sections to read as
follows and renumbering the subsequent Sections appropriately:
SECTION ____. Section 103.051, Civil Practice and Remedies
Code, is amended by amending Subsection (a) and adding Subsection
(b-1) to read as follows:
(a) to apply for compensation under this subchapter, the
claimant must file with the comptroller's judiciary section:
(1) an application for compensation provided for that
purpose by the comptroller;
(2) a verified copy of the pardon or court order
justifying the application for compensation; and
(3) a statement provided by the Texas Department of
Criminal Justice verifying the length of incarceration[; and
[(4) a certification of the claimant's actual innocence
of the crime for which the claimant was sentenced that is signed by
the attorney representing the state in the prosecution of felonies
in the county in which the sentence was rendered].
(b-1) In determining the eligibility of a claimant, the
comptroller shall consider only the verified copy of the pardon or
court order filed by the claimant under Subsection (a). If the
pardon or court order does not clearly indicate on its face that the
pardon or the court order was granted or rendered on the basis of
the claimant's actual innocence of the crime for which the claimant
was sentenced, the comptroller shall deny the claim. The
comptroller's duty to determine the eligibility of a claimant under
this section is purely ministerial.
SECTION ____. The change in law made by this Act applies only
to an application for compensation under Section 103.051, Civil
Practice and Remedies Code, that is filed on or after the effective
date of this Act. An application filed before the effective date of
this Act is governed by the law as it existed on the date of filing,
and that law is continued in effect for that purpose.