87R5040 BRG-D
 
  By: West S.B. No. 494
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to eligibility for compensation of persons wrongfully
  imprisoned.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 103.001, Civil Practice and Remedies
  Code, is amended by adding Subsection (f) to read as follows:
         (f)  A person is not entitled to compensation under
  Subsection (a) or group health benefit plan coverage under
  Subsection (d) for any part of a sentence in prison during which the
  person was also serving a concurrent sentence for another wrongful
  conviction for which the person has already received compensation
  under Subsection (a) or group health benefit plan coverage under
  Subsection (d).
         SECTION 2.  Section 103.003, Civil Practice and Remedies
  Code, is amended to read as follows:
         Sec. 103.003.  LIMITATION ON TIME TO FILE.  (a)  A person
  seeking compensation under this chapter must file an application
  with the comptroller for compensation under Subchapter B not later
  than the third anniversary of the date:
               (1)  the person on whose imprisonment the claim is
  based received a pardon as provided by Section 103.001(a)(2)(A);
               (2)  the person's application for a writ of habeas
  corpus was granted as provided by Section 103.001(a)(2)(B); or
               (3)  an order of dismissal described by Section
  103.001(a)(2)(C) was signed.
         (b)  Notwithstanding Subsection (a), a person seeking
  compensation under this chapter who received the pardon or was
  granted relief as described by Subsection (a) before September 1,
  1998, and who has not previously received compensation under this
  chapter or under Chapter 507 (H.B. 904), Acts of the 59th
  Legislature, Regular Session, 1965 (Article 6252-25, Vernon's
  Texas Civil Statutes), which was codified as this chapter effective
  September 1, 1985, may file an application with the comptroller for
  compensation under Subchapter B not later than September 1, 2024.  
  This subsection expires September 2, 2024.
         SECTION 3.  This Act takes effect September 1, 2021.