86R11605 BRG-D
By: Anchia H.B. No. 4153
A BILL TO BE ENTITLED
AN ACT
relating to the election of alternative annuity payments payable to
surviving spouses and designated beneficiaries of persons
wrongfully imprisoned.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 103.0535, Civil Practice and Remedies
Code, is amended by amending Subsection (d) and adding Subsection
(d-1) to read as follows:
(d) An election under this section must be made not later
than the 45th day after the date:
(1) on which the claimant files with the comptroller
the application required by Section 103.051; or
(2) on which the claimant experiences one of the
following life-changing events:
(A) a change in the employment status of the
claimant or a spouse, dependent, or beneficiary of the claimant;
(B) marriage or divorce of the claimant;
(C) the addition of a dependent of the claimant;
or
(D) the death of a dependent, spouse, or
beneficiary of the claimant.
(d-1) An election under Subsection (d) must be made on a
form prescribed by the comptroller that:
(1) identifies the claimant's spouse or designated
beneficiary according to Section 103.0536; and
(2) specifies the option selected under Subsection
(c).
SECTION 2. (a) Notwithstanding Section 103.0535(d), Civil
Practice and Remedies Code, as amended by this Act, a person
entitled to compensation under Section 103.001(a), Civil Practice
and Remedies Code, who started receiving annuity payments before
the effective date of this Act may elect to receive any remaining
payments as alternative annuity payments under Section 103.0535,
Civil Practice and Remedies Code, as amended by this Act, by filing
the form described by Section 103.0535(d-1), Civil Practice and
Remedies Code, as added by this Act, with the comptroller after
December 31, 2019, and before March 1, 2020. The value of
alternative annuity payments elected under this subsection must be
actuarially equivalent to the remaining value of the annuity
payments the person would receive absent the election. This
subsection does not affect the ability of a person described by this
subsection to make an election under Section 103.0535(d), Civil
Practice and Remedies Code, as amended by this Act, following a
life-changing event described by that subsection.
(b) Not later than December 1, 2019, the comptroller shall
provide notice to all persons entitled to compensation under
Section 103.001(a), Civil Practice and Remedies Code, of:
(1) the opportunity described by Subsection (a) of
this section to elect to receive alternative annuity payments under
Section 103.0535, Civil Practice and Remedies Code, as amended by
this Act; and
(2) the opportunity to elect to receive alternative
annuity payments after a life-changing event under Section
103.0535(d), Civil Practice and Remedies Code, as amended by this
Act.
(c) The comptroller shall provide the notice required by
Subsection (b) of this section by:
(1) certified mail to a person's last known address;
and
(2) phone call to the phone number that the
comptroller has on file for the person.
SECTION 3. This Act takes effect September 1, 2019.