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A BILL TO BE ENTITLED
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AN ACT
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relating to claims or actions against the state for which |
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legislative consent to a settlement or compromise may be required. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 111.003(a), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(a) The attorney general or other attorney representing |
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this state may not enter into a settlement of a claim or action |
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against this state without the consent or approval of the |
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legislature in accordance with this chapter if the settlement: |
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(1) requires this state to pay total monetary damages |
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in an amount that exceeds $10,000,000 [$25,000,000] in a state |
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fiscal biennium; or |
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(2) commits this state to a course of action that in |
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reasonable probability will entail a continuing increased |
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expenditure of state funds over subsequent state fiscal bienniums. |
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SECTION 2. Chapter 111, Civil Practice and Remedies Code, |
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is amended by adding Section 111.0035 to read as follows: |
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Sec. 111.0035. INVOLVEMENT OF ATTORNEY GENERAL. (a) An |
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agency, institution, or other entity of state government that |
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becomes aware of facts or circumstances indicating an appreciable |
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risk that a claim or action or possible claim or action against the |
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state will result in a settlement described by Section 111.003(a) |
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shall promptly inform the attorney general of the facts or |
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circumstances. |
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(b) If there is an appreciable risk that a claim or action |
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against the state will result in a settlement described by Section |
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111.003(a), the attorney general shall control any litigation |
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involving the claim or action and any negotiations to settle the |
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claim or action. |
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(c) The attorney general shall promptly inform the |
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lieutenant governor, the speaker of the house of representatives, |
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and each member of the Senate Finance Committee and the House |
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Appropriations Committee of the facts or circumstances when the |
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attorney general becomes aware that there is an appreciable risk |
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that a claim or action or possible claim or action against the state |
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will result in a settlement described by Section 111.003(a). |
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(d) The attorney general is the state governmental entity |
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that must ask the legislature to give its consent or approval under |
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this chapter to a settlement described by Section 111.003(a). |
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SECTION 3. (a) Except as provided by Subsection (b) of this |
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section, the changes in law made by this Act to Chapter 111, Civil |
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Practice and Remedies Code, apply in relation to a claim or action |
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against this state that is still active on the effective date of |
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this Act without regard to whether the claim or action was brought |
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in a court, administrative agency, or other tribunal before the |
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effective date of this Act. |
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(b) The change in law made by this Act providing that the |
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attorney general shall control any litigation involving certain |
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claims or actions against the state does not apply during the time |
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that an action brought against this state before the effective date |
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of this Act remains before the court, administrative agency, or |
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other tribunal exercising jurisdiction over the action on the |
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effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2009. |