H.B. No. 3188
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 Educare Community Living Corporation Texas under the
settlement agreement in Educare Community Living Corporation Texas
v. Texas Department of Aging and Disability Services, Cause No.
11-0712-K, Appeals Division, Health and Human Services Commission,
for a total appropriation of$280,921.40
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3188 was passed by the House on April
20, 2013, by the following vote: Yeas 145, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3188 on May 24, 2013, by the following vote: Yeas 145, Nays 0,
2 present, not voting; passed subject to the provisions of Article
III, Section 49a, of the Constitution of the State of Texas.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3188 was passed by the Senate, with
amendments, on May 22, 2013, by the following vote: Yeas 31, Nays
0; passed subject to the provisions of Article III, Section 49a, of
the Constitution of the State of Texas.
______________________________
Secretary of the Senate
I certify that the amounts appropriated in the herein H.B.
No. 3188, Regular Session of the 83rd Legislature, are within
amounts estimated to be available in the affected fund.
Certified_____________________
______________________________
Comptroller of Public Accounts
APPROVED: __________________
Date
__________________
Governor