By: Otto (Senate Sponsor - Williams) H.B. No. 3188
         (In the Senate - Received from the House May 1, 2013;
  May 2, 2013, read first time and referred to Committee on Finance;
  May 17, 2013, reported favorably by the following vote:  Yeas 14,
  Nays 0; May 17, 2013, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
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 Hilliard Munoz Gonzalez, LLP, the following amount
  payable under the conditional settlement agreement made after
  mediation in Inez Baltazar Hernandez, et al. v. Texas Department of
  Aging and Disability Services, et al., Civil Action No.
  2:09-CV-00163, in the United States District Court for the Southern
  District of Texas, Corpus Christi Division, from which attorney's
  fees, litigation expenses, and court costs shall be deducted, with
  the remainder to be placed into five separate subaccounts in the Arc
  of Texas Master Pooled Trust, for the benefit of Armando Hernandez,
  Jr., David P. Hernandez, George Brazil, Angel Jose Mata, and
  Christopher Norris for a total appropriation of$1,200,000.00
         To pay Sawicki & Lauten, LLP, attorney's fees in connection
  with the settlement of claims in Farhat Chishty v. Texas Department
  of Aging and Disability Services, et al., Cause No. 2011-20160-158,
  158th Judicial District Court, Denton County, Texas, for a total
  appropriation of$500,000.00
         To fund the corpus of a Special Needs Trust for the benefit of
  Haseeb Chishty, the following amount payable under the conditional
  settlement agreement made after mediation in the case of Farhat
  Chishty v. Texas Department of Aging and Disability Services, et
  al., Cause No. 2011-20160-158, 158th Judicial District Court,
  Denton County, Texas, with that settlement agreement containing the
  following conditions: that on the death of Haseeb Chishty, the
  remaining corpus be paid to the State of Texas; that the Special
  Needs Trust be administered by an independent trustee not related
  to the Chishty family; and on any other conditions as the Texas
  Attorney General and Texas Department of Aging and Disability
  Services shall agree, for a total appropriation of$3,500,000.00
         To pay Christopher Koustoubardis and his attorney Don Tittle
  in a case involving a whistleblower judgment (plus 5 percent
  interest) from November 22, 2010, until paid in the case of
  Christopher Koustoubardis v. Texas Youth Commission (now known as
  the Texas Juvenile Justice Department), Cause No. DC-08-15532,
  101st Judicial District Court, Dallas County, Texas, Attorney
  General No. 093096832, for a total appropriation of$959,668.97
         To pay confidential payee for claim number 94M10308 for
  replacement of a void warrant for a tax refund issued April 4,
  2002$119.10
         To pay confidential payee for claim number 94M10421 for
  replacement of void warrants for tax refunds issued in July, 1997,
  and April, 2001$424.63
         To pay confidential payee for claim number 94M10479 for
  replacement of a void warrant for a tax refund issued in May,
  2001$23,171.60
         To pay confidential payee for claim number 94M10484 for
  replacement of a void payroll warrant issued in May, 2002$338.96
         To pay confidential payee for claim number 94M20034 for
  replacement of a void warrant for a tax refund issued in January,
  2009$275,000.00
         To pay confidential payee for claim number 94M20067 for
  replacement of a void warrant for a tax refund issued in July,
  2004$602.42
         To pay confidential payee for claim number 94M20161 for
  replacement of a void payroll warrant issued in August, 1996$94.54
         To pay confidential payee for claim number 94M20170 for
  replacement of a void warrant for a tax refund issued in July,
  2000$343.59
         To pay confidential payee for claim number 94M20521 for
  replacement of seventeen void payroll warrants issued from January,
  1998, to May, 1999$13,422.83
         To pay confidential payee for claim number 94M20524 for
  replacement of a void warrant for a tax refund issued in April,
  2003$52.00
         To pay confidential payee for claim number 94M20527 for
  replacement of a void warrant for a tax refund issued in March,
  2001$225.49
         To pay confidential payee for claim number 94M30025 for
  replacement of a void warrant for a tax refund issued in July,
  2010$144,030.72
         To pay confidential payee for claim number 94M30226 for
  replacement of a void warrant for a tax refund issued in May,
  2008$338,631.36
         To pay confidential payee for claim number 95M30005 for
  replacement of a void warrant for a tax refund issued in March,
  2010$54,991.08
         To pay confidential payee for claim number 95M30009 for
  replacement of a void warrant for a tax refund issued in January,
  2010$82,984.53
         To pay confidential payee for claim number 95M30021 for
  replacement of a void payroll warrant issued in June, 2004$120.76
         To pay James P. Ford for replacement of warrants issued from
  November, 1998, to January, 1999$300.00
         To pay Ralph N. Lester for replacement of a warrant issued in
  December, 1985$75.00
         To pay Victoria Suarez for replacement of a warrant issued in
  March, 2000$475.00
         To pay Lindy Levit for replacement of a warrant issued in May,
  2002$279.63
         To pay TIBH Industries, Inc., for temporary services provided
  in July, 2010 (invoice number 682623; order number 00413651)$273.90
         To pay TIBH Industries, Inc., for temporary services provided
  in June, 2010 (invoice number 680615; order number 00411689)$773.64
         To pay TIBH Industries, Inc., for temporary services provided
  in February, 2010 (invoice number 660442; order number
  00392417)$642.02
         To pay TIBH Industries, Inc., for temporary services provided
  in January, 2010 (invoice number 652240; order number
  00385146)$744.77
         To pay Golden Age Management Company, LLC, DBA Golden Age
  Manor Nursing Services, for nursing home services performed between
  August, 2009, and August, 2010$27,087.61
         To pay Graceland Personal Care Home, Inc., for
  community-based services performed between July, 2008, and July,
  2009$31,643.37
         To pay Katherine A. Hunter for replacement of a void warrant
  issued in June, 2000$39.19
         To pay D&S Residential Services, LP, for community-based
  alternative services performed between September, 2008, and
  November, 2008$61,029.90
         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 Teleport Communications Houston, Inc., for utility
  adjustment of fiber cable completed in February, 2005$97,416.10
         To pay City of Grapevine for the Oak Grove Trail Project from
  February, 2003, to September, 2007$51,185.50
         To pay City of Dallas for the acquisition of land for parcel
  number 3 and appraisal work performed on or near February 1,
  2003$31,415.20
         To pay City of Dallas Public Works and Transportation for the
  Katy Trail Extension Phase II from December, 2001, to May,
  2006$30,896.22
         To pay TVMAX Houston, LP, for utility adjustment performed
  from September, 2006, to August, 2007$161,564.90
         To pay TVMAX Houston, LP, for utility adjustment under
  utility agreement U8257 from September, 2007, to August,
  2008$110,496.77
         To pay TVMAX Houston, LP, for utility adjustment under
  utility agreement U8269 from September, 2007, to August,
  2008$119,548.30
         To pay County of Dallas Public Works Department for
  professional engineering services performed from June, 1996, to
  August, 1996$49,749.29
         To pay County of Dallas Public Works Department for
  professional engineering services performed from February, 2002,
  to February, 2003$2,698.69
         To pay County of Dallas Public Works Department for
  professional engineering services performed from February, 2001,
  to April, 2001$3,808.80
         To pay County of Dallas Public Works Department for
  professional engineering services performed from October, 1996, to
  December, 1996$16,149.22
         To pay City of Frisco for utility adjustment from September,
  2004, to August, 2005$274,710.00
         To pay City of Sinton for claim number 94M20421 for utility
  adjustment from December, 2007, to February, 2008$87,025.10
         To pay Entergy Texas, Inc., for utility adjustment from
  September, 2007, to August, 2008$607,808.67
         To pay Energy Transfer Fuel, LP, for utility adjustment from
  January, 2008, to August, 2008$370,136.25
         To pay CPS Energy for utility adjustment from October, 2002,
  to January, 2004$271,709.62
         To pay Southwestern Bell Telephone Company for utility
  adjustment from October, 2007, to November, 2008$455,965.56
         To pay confidential payee for claim number 94M20546 for
  replacement of a void net payroll warrant issued on October 1,
  2003$57.71
         To pay City of Grand Prairie for fiscal year 2003
  reimbursement for land and title on parcel number 14$2,038.20
         To pay City of Grand Prairie for reimbursement for land and
  title on parcel number 18 on December 2, 2003$887.52
         To pay City of Grand Prairie for reimbursement for land and
  title on parcel number 16 on December 27, 2001$8,725.19
         To pay City of Grand Prairie for reimbursement for land and
  title on parcel number 25TE on May 15, 2003$1,583.95
         To pay City of Edinburg for reimbursement for land
  acquisition for parcel number 83 on March 8, 2001$2,360.67
         To pay Upshur Rural Electric Cooperative for utility
  adjustment on parcel U11763$30,619.22
         To pay AT&T for utility adjustment under utility agreement
  U8087 for relocated telephone facilities along Interstate Highway
  10 from south of Bellaire Boulevard to south of Westpark in
  December, 2005$113,995.96
         To pay AT&T for utility adjustment work under utility
  agreement U10563 on Interstate Highway 410, Austin Highway to
  Nacogdoches Road, for widening project from December, 2005, to
  March, 2009$2,965,114.19
         To pay AT&T for utility adjustment work from December, 2005,
  to July, 2009$294,160.75
         To pay AT&T for utility adjustment work from August, 2006, to
  November, 2008$1,132,424.96
         SECTION 3.  The following sums of money are appropriated out
  of the Unemployment Compensation Clearance Account No. 0936 for
  payment of itemized claims and judgments plus interest, if any,
  against the State of Texas:
         To pay Gold's Texas GP, Inc., for replacement of a void
  surplus tax credit warrant issued September 20, 2007$63,864.86
         To pay Terri G. Edgmon for replacement of a void surplus tax
  credit warrant issued December 20, 2001$135.95
         SECTION 4.  The following sums of money are appropriated out
  of the Lottery Account No. 5025 for payment of itemized claims and
  judgments plus interest, if any, against the State of Texas:
         To pay Joyce Ivy for lottery winnings held in error on March
  14, 2001$263.97
         SECTION 5.  (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, 2015, 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 6.  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 7.  This Act takes effect September 1, 2013.
 
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