H.B. No. 2729

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. The following 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:

To pay Hartford Fire Insurance Company for a contract related judgment rendered on December 9, 2004, in the case of Hartford Fire Insurance Company v. The University of Houston, State Office of Administrative Hearings Docket No. 730-01-2374.CC$249,999.00

To pay Sharpe, Tillman & Melton for HEB Ministries, Inc., Southern Bible Institute and Hispanic Bible Institute for a judgment, attorney fees, and costs and bearing interest in accordance with Section 304.003, Finance Code, not lower than five percent interest but not to exceed 15 percent interest from September 17, 2008, until paid (estimated)$595,000.00

To pay My-Hanh Nguyen for replacement of void warrant issued 8/13/1999 for refund of local sales tax$115.79

To pay Haynes and Boone, LLP for attorney fees for West Orange-Cove Consolidated Independent School District, et al vs. Shirley Neeley, et al judgment (West-Orange Cove Plaintiffs) Cause No. GV-100528, plus eight percent interest compounded annually from July 5, 2006, until paid (estimated)$2,680,106.00

To pay Ray, Wood & Bonilla for attorney fees for West Orange-Cove Consolidated Independent School District, et al vs. Shirley Neeley, et al judgment (Alvarado Plaintiffs) Cause No. GV-100528, plus eight percent interest compounded annually from July 5, 2006, until paid (estimated)$278,912.50

To pay Mexican American Legal Defense and Educational Fund for attorney fees for West Orange-Cove Consolidated Independent School District, et al vs. Shirley Neeley, et al judgment (Edgewood Plaintiffs) Cause No. GV-100528, plus eight percent interest compounded annually from July 5, 2006, until paid (estimated)$1,278,895.20

To pay confidential payee for claim number 93M70532 related to temporary assistance for needy families in the month of October, 1995$16.00

To pay Michael Stuehrk for replacement of a void warrant issued on March 14, 1997, for refund of payment received in error$40.00

To pay confidential payee for claim number 93M70538 related to a net payroll lump sum void warrant issued on April 1, 1996$313.08

To pay Everton A. Edmondson, M.D., P.A., for replacement of void warrants issued April 25, 1996, and June 18, 1996, for copies of rehabilitation patient medical records$30.00

To pay confidential payee for the claim number 93M70635 for temporary aid to needy families March 1998 - May 1999$156.00

To pay confidential payee for the claim number 93M70636 for temporary aid to needy families August 1996 - June 2000$414.00

To pay Olin Ross Smith, Independent Executor Estate of Floyd E. Smith for replacement of void warrant issued January 15, 2004, for inheritance tax refund$52,090.00

To pay confidential payee for the claim number 93M80058 for temporary aid to needy families June 1997 - July 2003$158.00

To pay confidential payee for the claim number 93M80059 for replacement of void warrant issued August 9, 1996, for refund of overpayment of franchise tax$261.61

To pay University of North Texas Health Science Center of Fort Worth for services for public health preparedness and response to bioterrorism needs assessment program March 1, 2003 - May 31, 2003, Contract #7637637630-203-A1$60,389.66

To pay Gainesville Healthcare Center Ltd. Co. dba Renaissance Care Center for nursing home services November 17, 1998 - March 31, 2000$258.87

To pay University of Texas Health Science Center at Houston for social cohesion and health in Hispanics & African American project June 1, 2002 - August 31, 2003$15,139.63

To pay University of Texas Health Science Center at Houston for Texas statewide bioterrorism continuing education program two hour nursing continuing education web-course July 20, 2004 - August 31, 2004$103,606.00

To pay University of Texas Health Science Center at Houston for the unmeasured impact of the tuberculosis epidemic on tuberculosis programs project August 1, 2002 - December 31, 2002$5,414.50

To pay Randy Gray for replacement of void warrant issued November 17, 1999, for witness fee claim$158.26

To pay ESC-NGH LP for community care service July 13, 2005 - August 31, 2005$16,481.92

To pay ESC-NGH LP for community care service July 13, 2005 - August 31, 2005$9,733.21

To pay ESC-NGH LP for community care July 13, 2005 - August 31, 2008$5,344.19

To pay Sam Houston State University for industrial hygiene training conducted August, 1999$8,094.95

To pay City of Laredo for Office of Public Health Preparedness for Bio-Terrorism contract August, 2004$48,071.38

To pay confidential payee claim for the claim number 93M80426 for replacement of void warrant issued January 8, 2004, for franchise tax refund$500,000.00

To pay Parkland Foundation c/o Stanek Associates, Inc. for replacement of void warrant issued February 17, 2006$75,056.16

To pay Ruth Ann Campbell for replacement of void warrant issued March 2, 1999, for travel for State Board Educator Certification Advisory Committee for counselor certification$194.79

To pay confidential payee for the claim number 93M90097 for replacement of void warrant issued March 14, 2000, for refund of sales and use tax$245.01

To pay Travis County District Clerk Amalia Rodriguez Mendoza for various court filing fees April 18, 2000 - December 11, 2005$1,406.00

To pay John L. Hensley for replacement of void warrant issued April 1, 1996$102.31

To pay Airgas Southwest Inc. for oxygen cylinders September 27, 2005 - September 30, 2005$79,649.89

To pay confidential payee for the claim number 93M90145 for replacement of void warrant issued October 24, 1997, for franchise tax refund$1,075.00

To pay confidential payee for the claim number 93M90174 for replacement of void warrant issued October 29, 1998, for franchise tax refund$1,136.66

To pay Amos R. Morrison for replacement of void unclaimed property warrant issued June 16, 2006$55,656.36

To pay Edward McElyea for whistleblower judgment No. GN103776, plus five percent interest compounded annually from February 1, 2006, until paid (estimated) $348,063.50

To pay Barbara Oakley, as guardian of the estate and person of Richard Danziger for wrongful imprisonment settlement cause No. 75107D, AG No. 052091477$250,000.00

SECTION 2. The following 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:

To pay TransAmerican Power Products, Inc. for a judgment in the case of TransAmerican Power Products, Inc. v. Texas Department of Transportation, State Office of Administrative Hearings Docket No. 601-07-0749.CC for breach of contract judgment related to purchase of steel traffic signal poles $469,782.80

To pay S&B Infrastructure, LTD for schematic engineering design and development services for May 2, 1999, through October 30, 1999 $51,395.20

To pay Kellogg Brown & Root Inc. for engineering services for March 1, 2006, through August 31, 2006 $5,886.02

To pay AT&T for relocation of all facilities for construction project on US 75/IH635 Interchange in Dallas, TX August 1, 1999 - March 31, 2003, CSJ: 2374-01-103$769,136.36

To pay Southwestern Public Service Co. for utility relocation August 16, 2002 - June 10, 2003, CSJ:0380-01-053$612,097.65

To pay Shell Pipeline Company LP for replacing pipeline on Airport Blvd in Houston, utility adjustment U1-3931, CSJ: 8041-12-014 for March 3, 2002$60,804.00

To pay City of Richardson for signal adjustment January 16, 2000 - August 31, 2004, Contract #8075-18-005$53,090.96

To pay North American Title Company closing and title expenses for July 1, 1996, Project 8018-1-63, Parcel 2, CSJ: 2964-03-001 and Invoice GF# D342505C$1,780.00

To pay North American Title Company for leasehold estate recording fee for July 31, 1996, Project 8018-1-63, Parcel 2, CSJ: 2964-03-001, and Invoice GF# D342505C$25.00

To pay for Trinity Valley Electric Cooperative Inc., 90 percent payment for electrical utility adjustment in Anderson County December, 2003$263,016.12

To pay S&B Infrastructure, LTD for schematic engineering design and development services for June, 2004$21,709.65

To pay S&B Infrastructure LTD for schematic engineering design and development services for August, 2004$3,171.84

To pay S&B Infrastructure LTD for schematic engineering design and development services for July, 2004$7,270.79

To pay Texas Transportation Institute, The Texas A&M University System, to provide technical support to enhance effective utilization of high occupancy vehicle lanes April 24, 2002 - August 31, 2005$14,221.82

To pay Texas Transportation Institute, The Texas A&M University System, to provide technical support to enhance effective utilization of high occupancy vehicle lanes April 24, 2002 - August 31, 2005$5,550.00

To pay Kellogg, Brown & Root Inc. for engineering services performed September 1, 2004 - August 31, 2005, under contract 15-745P5001, WA No. 7 per Supplemental Agreement No. 1$40,152.17

To pay City of North Richland Hills Parks Department for professional services for Congestion Mitigation Air Quality project, South Electric Trail November 10, 2003 - July 12, 2004, CSJ: 0902-48-289$15,721.00

To pay City of North Richland Hills Parks Department for construction services on Cottonbelt Hike and Bike Trail May 1, 2004 - November 30, 2004, CSJ: 0902-48-331$502,372.71

To pay City of North Richland Hills Parks Department for construction services on Cottonbelt Hike and Bike Trail February 1, 2004 - June 30, 2004, CSJ: 0902-48-331$256,398.87

To pay City of North Richland Hills Parks Department for construction services on Walker's Creek Trail February 1, 2006 - March 1, 2006, CSJ: 0902-48-411$23,594.61

To pay City of North Richland Hills Parks Department for construction services on Walker's Creek Trail August 22, 2005 - May 31, 2006, CSJ: 0902-48-411$22,917.02

To pay El Paso Electric Co. for utility adjustment service on Interstate Highway 10 turnarounds completed September 26, 2002$79,908.61

To pay Kellogg, Brown & Root Inc. for engineering services October 30, 2005 - August 31, 2006$45,730.36

To pay CPS Energy for utility adjustments February 20, 2002 - January 31, 2004$70,462.89

To pay CPS Energy for utility adjustment October 22, 2003 - July 31, 2004$92,239.14

To pay CPS Energy for utility adjustments March 30, 2001 - December 31, 2002$306,785.39

To pay City of Grapevine for traffic signal improvements September 1, 2005 - August 31, 2006$27,570.84

To pay City of North Richland Hills Parks Department for construction services for Cottonbelt Trail January, 2005 CSJ: 0902-48-331$87,618.66

To pay AT&T for utility adjustments fiscal year 2006 CSJ: 0072-12-177$497,697.71

To pay AT&T for utility adjustments fiscal year 2006 CSJ: 0521-04-249$207,137.53

To pay CPS Energy for utility adjustments January 31, 2004 - May 31, 2006$61,227.41

To pay CPS Energy for utility adjustments March 22, 2005 - April 11, 2006$44,655.04

To pay CPS Energy for utility adjustment July 31, 2003 - August 31, 2004$517,562.91

To pay CPS Energy for utility adjustments February 12, 2003 - January 31, 2004$350,988.62

To pay CPS Energy for utility adjustments March 14, 2003 - December 14, 2004$24,272.91

To pay CPS Energy for utility adjustments November 16, 2000 - June 30, 2006$23,867.72

SECTION 3. The following 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:

To pay Merrick Construction Company for amounts due on Gibson Atlanta Tire Recycling Facility job from June 30, 2003 to August 31, 2005$336,537.26

SECTION 4. (a) Before any claim or judgment may be paid from money appropriated by this Act, the claim or judgment must 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. 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, may not be paid from money appropriated by this Act.

(b) Each claim or judgment paid from money appropriated by this Act must contain such information as the comptroller of public accounts requires but at a minimum must contain the specific reason for the claim or judgment. If the claim is for a void warrant, the claim must include a specific identification of the goods, services, refunds, or other items for which the warrant was originally issued. In addition, it must include a certification by the original payee or the original payee's successors, heirs, or assigns that the debt is still outstanding. If the claim or judgment is for unpaid goods or services, it must 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. Subject to the conditions and restrictions in this Act and provisions stated in the judgments, the comptroller of public accounts 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 shall 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. This Act takes effect September 1, 2009.

______________________________ ______________________________

President of the Senate Speaker of the House

I certify that H.B. No. 2729 was passed by the House on April 28, 2009, by the following vote: Yeas 148, Nays 0, 1 present, not voting; passed subject to the provisions of Article III, Section 49a, of the Constitution of the State of Texas.

______________________________ Chief Clerk of the House

I certify that H.B. No. 2729 was passed by the Senate on May 21, 2009, by the following vote: Yeas 31, Nays 0; passed subject to the provisions of Article III, Section 49a, of the Constitution of the State of Texas.

______________________________ Secretary of the Senate

I certify that the amounts appropriated in the herein H.B. No. 2729, Regular Session of the 81st Legislature, are within amounts estimated to be available in the affected fund. Certified_____________________ ______________________________ Comptroller of Public Accounts APPROVED: __________________

Date

__________________

Governor