| 1 | 1 | | 85R2087 CAE-D |
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| 2 | 2 | | By: Anchia H.B. No. 1246 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to eligibility for compensation of persons wrongfully |
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| 8 | 8 | | imprisoned. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 103.001, Civil Practice and Remedies |
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| 11 | 11 | | Code, is amended by adding Subsection (f) to read as follows: |
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| 12 | 12 | | (f) A person is not entitled to compensation under |
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| 13 | 13 | | Subsection (a) or group health benefit plan coverage under |
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| 14 | 14 | | Subsection (d) for any part of a sentence in prison during which the |
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| 15 | 15 | | person was also serving a concurrent sentence for another wrongful |
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| 16 | 16 | | conviction for which the person has already received compensation |
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| 17 | 17 | | under Subsection (a) or group health benefit plan coverage under |
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| 18 | 18 | | Subsection (d). |
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| 19 | 19 | | SECTION 2. Section 103.003, Civil Practice and Remedies |
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| 20 | 20 | | Code, is amended to read as follows: |
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| 21 | 21 | | Sec. 103.003. LIMITATION ON TIME TO FILE. (a) A person |
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| 22 | 22 | | seeking compensation under this chapter must file an application |
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| 23 | 23 | | with the comptroller for compensation under Subchapter B not later |
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| 24 | 24 | | than the third anniversary of the date: |
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| 25 | 25 | | (1) the person on whose imprisonment the claim is |
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| 26 | 26 | | based received a pardon as provided by Section 103.001(a)(2)(A); |
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| 27 | 27 | | (2) the person's application for a writ of habeas |
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| 28 | 28 | | corpus was granted as provided by Section 103.001(a)(2)(B); or |
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| 29 | 29 | | (3) an order of dismissal described by Section |
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| 30 | 30 | | 103.001(a)(2)(C) was signed. |
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| 31 | 31 | | (b) Notwithstanding Subsection (a), a person seeking |
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| 32 | 32 | | compensation under this chapter who received the pardon or was |
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| 33 | 33 | | granted relief as described by Subsection (a) before September 1, |
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| 34 | 34 | | 1998, and who has not previously received compensation under this |
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| 35 | 35 | | chapter or under Chapter 507 (H.B. 904), Acts of the 59th |
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| 36 | 36 | | Legislature, Regular Session, 1965 (Article 6252-25, Vernon's |
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| 37 | 37 | | Texas Civil Statutes), which was codified as this chapter effective |
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| 38 | 38 | | September 1, 1985, may file an application with the comptroller for |
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| 39 | 39 | | compensation under Subchapter B not later than September 1, 2020. |
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| 40 | 40 | | This subsection expires September 2, 2020. |
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| 41 | 41 | | SECTION 3. This Act takes effect September 1, 2017. |
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