| 1 | 1 | | 85R597 LED-D |
|---|
| 2 | 2 | | By: Anchia H.B. No. 236 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to equalizing compensation for certain wrongfully |
|---|
| 8 | 8 | | imprisoned persons. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Subchapter B, Chapter 103, Civil Practice and |
|---|
| 11 | 11 | | Remedies Code, is amended by adding Section 103.0521 to read as |
|---|
| 12 | 12 | | follows: |
|---|
| 13 | 13 | | Sec. 103.0521. EQUALIZING COMPENSATION. (a) |
|---|
| 14 | 14 | | Notwithstanding Section 103.003, a person who received |
|---|
| 15 | 15 | | compensation under this chapter before September 1, 2009, is |
|---|
| 16 | 16 | | entitled to equalizing compensation as provided by Subsection (b). |
|---|
| 17 | 17 | | (b) A person entitled to receive equalizing compensation |
|---|
| 18 | 18 | | under Subsection (a) shall receive an amount based on a present |
|---|
| 19 | 19 | | value sum equal to the amount the person would receive under |
|---|
| 20 | 20 | | Sections 103.052(a) and (b), if the person were to receive |
|---|
| 21 | 21 | | compensation under those sections on September 1, 2009, less the |
|---|
| 22 | 22 | | total amount of money received by the person under Section 103.052 |
|---|
| 23 | 23 | | before September 1, 2009. |
|---|
| 24 | 24 | | (c) A person seeking equalizing compensation under this |
|---|
| 25 | 25 | | section must file an application with the comptroller for |
|---|
| 26 | 26 | | equalizing compensation not later than September 1, 2020. The |
|---|
| 27 | 27 | | comptroller shall make payments to a claimant under this section |
|---|
| 28 | 28 | | not later than the 30th day after the date the comptroller |
|---|
| 29 | 29 | | determines the claimant is eligible to receive compensation under |
|---|
| 30 | 30 | | this section. |
|---|
| 31 | 31 | | (d) This section expires September 1, 2021. |
|---|
| 32 | 32 | | SECTION 2. This Act takes effect September 1, 2017. |
|---|