By: Chisum H.B. No. 2635
 
 
A BILL TO BE ENTITLED
AN ACT
relating to directing payment, after approval, of certain
miscellaneous claims and judgments against the state out of funds
designated by this Act; making appropriations.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 403.074(d)-(e), Government Code, is
amended to read as follows:
       (d)  Except as provided by Subsection (g), the comptroller
may not pay under this section a single claim in excess of $100,000
[$25,000], or an aggregate of claims by a single claimant during a
biennium in excess of $100,000 [$25,000].  For the purposes of this
subsection, all claims that were originally held by one person are
considered held by a single claimant regardless of whether those
claims were later transferred.
       (e)  Unless another law provides a period within which a
particular claim must be made, a claim may not be made under this
section after ten [four] years from the date on which the claim
arose.  A claim arises on the day after the last day that payment was
due on the original claim.  A person who fails to make a claim within
the period provided by law waives any right to payment of the claim.
       SECTION 2.  Notwithstanding Section 403.074, Government
Code, as amended by this Act, any miscellaneous claim that the
comptroller of public accounts forwarded to the Legislative Budget
Board on or before January 10, 2007, for payment by the 80th
Legislature, Regular Session, 2007, shall be paid from amounts
appropriated to the comptroller in Strategy A.1.2, Miscellaneous
Claims and from Rider 3 of the comptroller's fiscal programs
appropriation, in the General Appropriations Act for the fiscal
biennium beginning September 1, 2007.
       SECTION 3.  The following sums of money are appropriated out
of the General Revenue Fund Account No. 0001 for payment of the
following judgments and settlements plus interest, if any, against
the State of Texas:
       To pay Patricia King for judgment amounts plus interest from
November 20, 2000, until paid                                      $382,414.57
       To pay Anna M. Abraham for judgment amounts plus interest
from November 10, 2004, until paid                               $393,776.39
       To pay Simon Angel Rivera, c/o The Law Offices of Frank T. Ivy &
Associates, P.C., for wrongful imprisonment settlement
$25,000.00
       To pay Frank T. Ivy & Associates, P.C., for wrongful
imprisonment settlement for attorney's fees                    $7,620.00
       To pay Nate Stark for wrongful imprisonment settlement for
attorney's fees                                                           $7,380.00.
       SECTION 4.  The sum of $362,632.03 plus interest, if any, is
appropriated out of Fund 165 to pay Midfirst Bank for judgment of
200th District Court of Travis County issued July 26, 1999.
       SECTION 5.  (a) A claim may be paid under Section 2 of this
Act only if before September 1, 2008, the claim is:
             (1)  verified and substantiated by the administrator of
the special fund or account against which the claim is to be
charged; and
             (2)  approved by the attorney general and the
comptroller of public accounts.
       (b)  Except as provided by Subsection (c) or (d) of this
section, a claim, judgment, or settlement may be paid under Section
2, 3, or 4 of this Act only if the claim, judgment, or settlement:
             (1)  contains or is supported by the information that
the comptroller of public accounts requires; and
             (2)  specifies the exact reason for the claim,
judgment, or settlement.
       (c)  A claim concerning a void warrant may be paid under
Section 2, 3, or 4 of this Act only if the claim:
             (1)  specifically identifies the goods, services,
refunds, or other items for which the original warrant was issued;
and
             (2)  includes a certification by the original payee or
the original payee's successors, heirs, or assigns that the claim
remains outstanding.
       (d)  A claim, judgment, or settlement concerning unpaid
goods or services may be paid under Section 2, 3, or 4 of this Act
only if the claim, judgment, or settlement is accompanied by an
invoice or other supporting documentation acceptable to the
comptroller of public accounts.
       SECTION 6.  As provided by Sections 2-5 of this Act and
subject to any applicable conditions or restrictions concerning the
claims, judgments, and settlements to be paid under those sections,
the comptroller of public accounts is directed to issue warrants on
the state treasury, as soon as possible following the effective
date of this Act, in favor of each of the individuals, firms, and
corporations listed in this Act or included in the listing of
miscellaneous claims forwarded by the comptroller to the
Legislative Budget Board on or before January 10, 2007.  The amount
of the warrants may not exceed the amounts set opposite the payees'
respective names as listed in this Act or included in the listing of
miscellaneous claims forwarded by the comptroller. The comptroller
shall mail or deliver those warrants to the payees.
       SECTION 7.  This Act takes effect September 1, 2007.