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BILL ANALYSIS

 

 

Senate Research Center                                                                                                      S.B. 1719

80R6703 JJT-F                                                                                                                  By: Ogden

                                                                                                                                                Finance

                                                                                                                                            4/25/2007

                                                                                                                                              As Filed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Currently, judgments greater than the threshold set in Section 6.22 (Judgments and Settlements), Article 9, of the General Appropriations Act for the Fiscal Year 2006-2007, single claims or aggregates of claims by a single claimant in excess of $25,000 as set out in Section 403.074(d) (regarding limits on miscellaneous claims), Government Code, or claims made more than four years from the date that the claim arises as set out in Section 403.074(e) (regarding waiving of right to miscellaneous claims past four years), Government Code, remain outstanding and are required to be paid by the state.  However, these claims are required to be approved by the legislature before any payments are made. 

 

As proposed, S.B. 1719 provides for direct payment of certain miscellaneous claims and judgments against the state and provides specific appropriations for certain categories of claims, settlements, and judgments. 

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTIONS 1-23.  Sets forth specific supplemental appropriations from certain state or state agency funds for the paying of certain miscellaneous claims and judgments against the state.

 

SECTION 24.  (a)  Requires a claim or judgment, before any claim or judgment is authorized to be paid from money appropriated by this Act, to be verified and substantiated by the administrator of the special fund or account against which the claim or judgment is to be charged and be approved by the attorney general and the comptroller of public accounts (comptroller).  Prohibits the paying of any claim or judgment itemized in this Act, from money appropriated by this Act, that has not been verified or substantiated and approved as provided by this subsection.

 

(b)  Requires each claim or judgment paid from money appropriated by this Act to contain such information as the comptroller requires but at a minimum to contain the specific reason for the claim or judgment.  Requires the claim for a void warrant to include a specific identification of the goods, services, refunds, or other items for which the warrant was originally issued.  Requires the claim for a void warrant to additionally include a certification by the original payee or the original payee's successors, heirs, or assigns that the debt is still outstanding.  Requires a claim or judgment for unpaid goods or services to be accompanied by an invoice or other acceptable documentation of the unpaid account and any other information required by the comptroller.

 

SECTION 25.  Authorizes and directs the comptroller to issue one or more warrants on the state treasury, subject to the conditions and restrictions in this Act and provisions stated in the judgments, as soon as possible following the effective date of this Act, in favor of each of the individuals, firms, or corporations named or claim numbers identified in this Act, in an amount not to exceed the amount set opposite their respective names or claim numbers.  Requires the comptroller to mail or deliver to each of the individuals, firms, or corporations associated with each claim one or more warrants in payment of all claims included in this Act.

 

SECTION 26.  Effective date: September 1, 2007.