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A BILL TO BE ENTITLED
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AN ACT
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relating to compensation to persons wrongfully imprisoned. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 103.002, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 103.002. CHOICE OF COMPENSATION METHOD. (a) A |
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person entitled to compensation under Section 103.001 may proceed |
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by following the provisions for administratively awarded |
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compensation under Subchapter B, [or] by filing suit under |
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Subchapter C, or both [but a person may not seek compensation under
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both Subchapters B and C]. |
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(b) A person who applies for administratively awarded |
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compensation under Subchapter B and files suit under Subchapter C |
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is entitled only to the highest amount awarded through one of those |
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methods. If a person received two awards and the second award is |
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higher than the first, any amount paid towards the first award shall |
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be deducted from the amount owed to the person under the second |
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award. |
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SECTION 2. Section 103.052, Civil Practice and Remedies |
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Code, is amended by amending Subsection (a) and adding Subsections |
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(e) and (f) to read as follows: |
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(a) A person who meets the requirements of Section 103.001 |
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is entitled to compensation in an amount equal to: |
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(1) $50,000 multiplied by the number of years served |
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in prison, expressed as a fraction to reflect partial years; [and] |
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(2) compensation for child support payments owed by |
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the person that became due and interest on child support arrearages |
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that accrued during the time served in prison but were not paid; and |
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(3) expenses incurred on behalf of the petitioner in |
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connection with all associated criminal proceedings and appeals and |
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in connection with obtaining the petitioner's discharge from |
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imprisonment, including any fine or court costs paid and reasonable |
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attorney's fees, including reasonable attorney's fees for applying |
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for compensation under this subchapter. |
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(e) If requested by the claimant, up to 120 hours of tuition |
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at a career center, community college, or state university shall be |
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paid on behalf of the claimant. |
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(f) If requested by the claimant, reasonable expenses for a |
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financial advisor shall be paid on behalf of the claimant for two |
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years. |
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SECTION 3. Section 103.151, Civil Practice and Remedies |
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Code, is amended by adding Subsection (d) to read as follows: |
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(d) The comptroller shall pay any amounts due an applicant |
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under Section 103.052(e) or (f) as they accrue. If appropriated |
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funds are insufficient to pay those amounts, the comptroller shall |
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request an appropriation and make payment in accordance with |
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Section 103.152. |
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SECTION 4. The changes in law made by this Act apply to an |
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action or application for compensation under Chapter 103, Civil |
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Practice and Remedies Code, as amended by this Act, that is pending |
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or commenced on or after the effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2009. |