88R10665 JON-D
 
  By: Schofield H.B. No. 4031
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the legislative approval of settlements related to
  elections.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Chapter 111, Civil Practice and
  Remedies Code, is amended to read as follows:
  CHAPTER 111.  LIMITATION ON SETTLEMENT OF CLAIM OR ACTION AGAINST
  THE STATE AND LOCAL GOVERNMENTS
         SECTION 2.  Sections 111.001(b) and (c), Civil Practice and
  Remedies Code, are amended to read as follows:
         (b)  This chapter applies to any settlement described by
  Section 111.003(a) or 111.0035(a) [Section 111.003(a)] of a claim
  or action against this state or a local government seeking any
  relief under any theory of recovery, including a mandamus action
  against a state or local officer or official, that is brought or may
  be brought in or before any court, administrative agency, or other
  tribunal.
         (c)  For purposes of this chapter:
               (1)  "This state" [, a reference to this state]
  includes any agency, institution, or other entity of state
  government.
               (2)  "Local government" has the meaning assigned by
  Section 102.001(2).
         SECTION 3.  The heading to Section 111.003, Civil Practice
  and Remedies Code, is amended to read as follows:
         Sec. 111.003.  LIMITATION ON STATE SETTLEMENT WITHOUT
  LEGISLATIVE CONSENT OR APPROVAL.
         SECTION 4.  Section 111.003(a), Civil Practice and Remedies
  Code, is amended to read as follows:
         (a)  The attorney general or other attorney representing
  this state may not enter into a settlement of a claim or action
  against this state without the consent or approval of the
  legislature in accordance with this chapter if the settlement:
               (1)  requires this state to pay total monetary damages
  in an amount that exceeds $10,000,000 in a state fiscal biennium;
  [or]
               (2)  commits this state to a course of action that in
  reasonable probability will entail a continuing increased
  expenditure of state funds over subsequent state fiscal bienniums;
  or
               (3)  requires this state to change any election
  standard, practice, or procedure established under a law of this
  state.
         SECTION 5.  Chapter 111, Civil Practice and Remedies Code,
  is amended by adding Section 111.0035 to read as follows:
         Sec. 111.0035.  LIMITATION ON LOCAL SETTLEMENTS RELATED TO
  ELECTIONS WITHOUT LEGISLATIVE CONSENT OR APPROVAL. (a) A local
  government may not enter into a settlement of a claim or action
  against the local government without the consent or approval of the
  legislature in accordance with this chapter if the settlement:
               (1)  requires or authorizes the local government to
  adopt any election standard, practice, or procedure not previously
  adopted by the local government; or
               (2)  alters, limits, or invalidates a law or rule of
  this state related to the conduct of elections.
         (b)  A settlement described by Subsection (a) entered into
  without the prior consent or approval of the legislature is void
  unless the settlement is expressly conditioned on obtaining
  subsequent approval by the legislature in accordance with this
  chapter.
         SECTION 6.  Section 111.004(a), Civil Practice and Remedies
  Code, is amended to read as follows:
         (a)  The legislature may consent to or approve a settlement
  described by Section 111.003(a) or 111.0035(a) [Section
  111.003(a)] only by a resolution adopted by both houses of the
  legislature.
         SECTION 7.  Section 111.006, Civil Practice and Remedies
  Code, is amended to read as follows:
         Sec. 111.006.  REPORT BY ATTORNEY GENERAL. (a) Not later
  than September 1 of each even-numbered year, the attorney general
  shall send to the lieutenant governor, the speaker of the house of
  representatives, and each member of the Senate Finance Committee
  and the House Appropriations Committee a report:
               (1)  summarizing the information received by the
  attorney general under Subsection (b); and
               (2)  describing each claim or action:
                     (A)  to which Section 111.003(a) applies or may
  apply;
                     (B)  that is pending as of September 1 of that
  year; and
                     (C)  that has been settled or in the opinion of the
  attorney general may be settled during the next 24 months 
  [describing each claim or action pending as of September 1 of that
  year that has been or that in the opinion of the attorney general
  may be settled in a manner that will require prior consent or
  subsequent approval by the legislature under this chapter].
         (b)  Not later than August 1 of each even-numbered year, a
  local government shall send to the attorney general a report in a
  manner prescribed by the attorney general that describes each claim
  or action:
               (1)  to which Section 111.0035(a) applies or may apply;
               (2)  that is pending as of August 1 of that year; and
               (3)  that has been settled or that in the opinion of the
  local government may be settled within the next 24 months.
         SECTION 8.  Section 111.001(a), Civil Practice and Remedies
  Code, is repealed.
         SECTION 9.  The changes in law made by this Act apply only to
  a consent decree, agreed judgment, or other settlement or
  compromise of a claim or action entered into on or after the
  effective date of this Act. A consent decree, agreed judgment, or
  other settlement or compromise of a claim or action entered into
  before the effective date of this Act is governed by applicable law
  in existence on the date the consent decree, agreed judgment, or
  other settlement or compromise is entered into.
         SECTION 10.  This Act takes effect immediately if it
  receives a vote of two-thirds of all the members elected to each
  house, as provided by Section 39, Article III, Texas Constitution.  
  If this Act does not receive the vote necessary for immediate
  effect, this Act takes effect September 1, 2023.