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A BILL TO BE ENTITLED
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AN ACT
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relating to eligibility for compensation of persons wrongfully |
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imprisoned. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 103.001, Civil Practice and Remedies |
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Code, is amended by adding Subsection (f) to read as follows: |
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(f) A person is not entitled to compensation under |
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Subsection (a) or group health benefit plan coverage under |
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Subsection (d) for any part of a sentence in prison during which the |
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person was also serving a concurrent sentence for another wrongful |
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conviction for which the person has already received compensation |
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under Subsection (a) or group health benefit plan coverage under |
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Subsection (d). |
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SECTION 2. Section 103.003, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 103.003. LIMITATION ON TIME TO FILE. (a) A person |
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seeking compensation under this chapter must file an application |
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with the comptroller for compensation under Subchapter B not later |
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than the third anniversary of the date: |
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(1) the person on whose imprisonment the claim is |
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based received a pardon as provided by Section 103.001(a)(2)(A); |
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(2) the person's application for a writ of habeas |
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corpus was granted as provided by Section 103.001(a)(2)(B); or |
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(3) an order of dismissal described by Section |
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103.001(a)(2)(C) was signed. |
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(b) Notwithstanding Subsection (a), a person seeking |
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compensation under this chapter who received the pardon or was |
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granted relief as described by Subsection (a) before September 1, |
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1998, and who has not previously received compensation under this |
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chapter or under Chapter 507 (H.B. 904), Acts of the 59th |
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Legislature, Regular Session, 1965 (Article 6252-25, Vernon's |
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Texas Civil Statutes), which was codified as this chapter effective |
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September 1, 1985, may file an application with the comptroller for |
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compensation under Subchapter B not later than September 1, 2024. |
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This subsection expires September 2, 2024. |
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SECTION 3. This Act takes effect September 1, 2021. |