BILL ANALYSIS
Senate Research Center H.B. 2729
81R21507 JJT-F By: Pitts, Edwards (Ogden)
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Certain claims against the state are prohibited from being paid by the comptroller of public accounts under Section 403.074 (Miscellaneous Claims), Government Code; these claims include claims in excess of $50,000 or claims that are more than eight years old.
H.B. 2729 proposes to make an appropriation and direct payment, after approval, of certain miscellaneous claims and judgments against the state out of funds designated by this legislation. This bill makes appropriations from the General Revenue Fund, the State Highway Fund, and the General Revenue Account-Solid Waste Disposal Fees Fund to pay itemized claims plus interest, if any, against the state.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Provides that certain sums of money are appropriated out of the General Revenue Fund Account No. 0001 for payment of itemized claims and judgments plus interest, if any, against the State of Texas.
SECTION 2. Provides that certain sums of money are appropriated out of the State Highway Fund No. 0006 for payment of itemized claims and judgments plus interest, if any, against the State of Texas.
SECTION 3. Provides that certain sums of money are appropriated out of the General Revenue Account-Solid Waste Disposal Fees Fund No. 5000 for payment of itemized claims and judgments plus interest, if any, against the State of Texas.
SECTION 4. (a) Requires any claim or judgment, before the claim or judgment may 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 any claim or judgment itemized in this Act that has not been verified and substantiated by the administrator of the special fund or account and approved by the attorney general and the comptroller by August 31, 2010, from being paid from money appropriated by this Act.
(b) Requires that each claim or judgment paid from money appropriated by this Act contain such information as the comptroller requires but at a minimum contain the specific reason for the claim or judgment. Requires that the claim, if the claim is for a void warrant, include a specific identification of the goods, services, refunds, or other items for which the warrant was originally issued. Requires that the claim, in addition, include a certification by the original payee or the original payee's successors, heirs, or assigns that the debt is still outstanding. Requires that the claim, if the claim or judgment is for unpaid goods or services, be accompanied by an invoice or other acceptable documentation of the unpaid account and any other information that may be required by the comptroller.
SECTION 5. Provides that subject to the conditions and restrictions in this Act and provisions stated in the judgments, the comptroller is authorized and directed to issue one or more warrants on the state treasury, 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 and is required 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 6. Effective date: September 1, 2009.