BILL ANALYSIS

C.S.H.B. 2729

By: Pitts

Appropriations

Committee Report (Substituted)

BACKGROUND AND PURPOSE

At the conclusion of each biennium, there are a number of outstanding claims against the State of Texas for varying amounts of money.  Such claims include warrants voided by the statute of limitations, outstanding invoices to private vendors, unpaid charges for Medicaid recipients, and court judgments and settlements. These claims require additional appropriations to be made to honor the state's obligations under the law.

C.S.H.B. 2729 appropriates certain sums of money out of various accounts to pay certain claims and judgments against the State of Texas.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 2729 appropriates certain sums of money 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.  The bill appropriates certain sums of money out of the State Highway Fund No. 0006 for payment of itemized claims and judgments plus interest, if any, against the State of Texas.  The bill appropriates a certain sum of money out of the General Revenue Account–Solid Waste Disposal Fees Fund No. 5000 for payment of an itemized claim or judgment plus interest, if any, against the State of Texas.

C.S.H.B. 2729 requires a claim or judgment 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 before any claim or judgment may be paid from money appropriated by the bill. The bill prohibits any claim or judgment itemized in the bill 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 the bill.  The bill requires each claim or judgment paid from money appropriated by the bill to contain such information as the comptroller requires.  The bill requires a claim or judgment, at a minimum, to contain the specific reason for the claim or judgment. The bill requires a 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. The bill requires such a claim to include a certification by the original payee or the original payee's successors, heirs, or assigns that the debt is still outstanding. The bill 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 that may be required by the comptroller.

C.S.H.B. 2729 authorizes and directs the comptroller of public accounts, subject to the conditions and restrictions in the bill and provisions stated in the judgments, to issue one or more warrants on the state treasury, as soon as possible following the effective date of the bill, in favor of each of the individuals, firms, or corporations named or claim numbers identified in the bill, in an amount not to exceed the amount specified in the bill and 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 the bill.

EFFECTIVE DATE

September 1, 2009.

COMPARISON OF ORIGINAL AND SUBSTITUTE

C.S.H.B. 2729 adds appropriations not in the original, appropriating those additional certain sums of money out of the General Revenue Fund Account No. 0001 and out of the State Highway Fund No. 0006 for payment of itemized claims and judgments plus interest, if any, against the State of Texas.