Texas 2019 - 86th Regular

Texas Senate Bill SB1151 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1151
	1	+	86R28298 LED-D
	2	+	By: Huffman S.B. No. 1151
	3	+	(Longoria)
	4	+	Substitute the following for S.B. No. 1151: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to the comptroller's access to criminal history record
6		-	information of wrongfully imprisoned persons and certain annuity
7		-	payments payable to surviving spouses and designated beneficiaries
8		-	of those persons.
	10	+	information of wrongfully imprisoned persons.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10		-	SECTION 1. Section 103.0535, Civil Practice and Remedies
11		-	Code, is amended by amending Subsection (d) and adding Subsection
12		-	(d-1) to read as follows:
13		-	(d) An election under this section must be made not later
14		-	than the 45th day after the date:
15		-	(1) on which the claimant files with the comptroller
16		-	the application required by Section 103.051; or
17		-	(2) on which the claimant experiences one of the
18		-	following life-changing events:
19		-	(A) marriage or divorce of the claimant;
20		-	(B) the addition of a dependent of the claimant;
21		-	or
22		-	(C) the death of a dependent, spouse, or
23		-	beneficiary of the claimant.
24		-	(d-1) An election under Subsection (d) must be made on a
25		-	form prescribed by the comptroller that:
26		-	(1) identifies the claimant's spouse or designated
27		-	beneficiary according to Section 103.0536; and
28		-	(2) specifies the option selected under Subsection
29		-	(c).
30		-	SECTION 2. Section 411.109(a), Government Code, is amended
	12	+	SECTION 1. Section 411.109(a), Government Code, is amended
31	13		to read as follows:
32	14		(a) The comptroller is entitled to obtain from the
33	15		department criminal history record information maintained by the
34	16		department that the comptroller believes is necessary for the
35	17		enforcement or administration of Chapter 103, Civil Practice and
36	18		Remedies Code, or Chapter 151, 152, 154, 155, or 162, Tax Code,
37	19		including criminal history record information that relates to a
38	20		person who is:
39	21		(1) an applicant for a permit under any of those
40	22		chapters;
41	23		(2) a permit holder under any of those chapters;
42	24		(3) an officer, director, stockholder owning 10
43	25		percent or more of the outstanding stock, partner, owner, or
44	26		managing employee of an applicant or permit holder under any of
45	27		those chapters that is a corporation, association, joint venture,
46	28		syndicate, partnership, or proprietorship;
47	29		(4) believed to have violated any of those chapters;
48	30		[or]
49	31		(5) being considered by the comptroller for employment
50	32		as a peace officer; or
51	33		(6) receiving, scheduled to receive, or applying to
52	34		receive compensation under Chapter 103, Civil Practice and Remedies
53	35		Code.
54		-	SECTION 3. (a) Notwithstanding Section 103.0535(d), Civil
55		-	Practice and Remedies Code, as amended by this Act, a person
56		-	entitled to compensation under Section 103.001(a), Civil Practice
57		-	and Remedies Code, who started receiving annuity payments before
58		-	the effective date of this Act may elect to receive any remaining
59		-	payments as alternative annuity payments under Section 103.0535,
60		-	Civil Practice and Remedies Code, as amended by this Act, by filing
61		-	the form described by Section 103.0535(d-1), Civil Practice and
62		-	Remedies Code, as added by this Act, with the comptroller after
63		-	December 31, 2019, and before March 1, 2020. The value of
64		-	alternative annuity payments elected under this subsection must be
65		-	actuarially equivalent to the remaining value of the annuity
66		-	payments the person would receive absent the election. This
67		-	subsection does not affect the ability of a person described by this
68		-	subsection to make an election under Section 103.0535(d), Civil
69		-	Practice and Remedies Code, as amended by this Act, following a
70		-	life-changing event described by that subsection.
71		-	(b) Not later than December 1, 2019, the comptroller shall
72		-	provide notice to all persons entitled to compensation under
73		-	Section 103.001(a), Civil Practice and Remedies Code, of:
74		-	(1) the opportunity described by Subsection (a) of
75		-	this section to elect to receive alternative annuity payments under
76		-	Section 103.0535, Civil Practice and Remedies Code, as amended by
77		-	this Act; and
78		-	(2) the opportunity to elect to receive alternative
79		-	annuity payments after a life-changing event under Section
80		-	103.0535(d), Civil Practice and Remedies Code, as amended by this
81		-	Act.
82		-	(c) The comptroller shall provide the notice required by
83		-	Subsection (b) of this section by:
84		-	(1) certified mail to a person's last known address;
85		-	and
86		-	(2) phone call to the phone number that the
87		-	comptroller has on file for the person.
88		-	SECTION 4. This Act takes effect immediately if it receives
	36	+	SECTION 2. This Act takes effect immediately if it receives
89	37		a vote of two-thirds of all the members elected to each house, as
90	38		provided by Section 39, Article III, Texas Constitution. If this
91	39		Act does not receive the vote necessary for immediate effect, this
92	40		Act takes effect September 1, 2019.
93		-	______________________________ ______________________________
94		-	President of the Senate Speaker of the House
95		-	I hereby certify that S.B. No. 1151 passed the Senate on
96		-	April 11, 2019, by the following vote: Yeas 31, Nays 0;
97		-	May 23, 2019, Senate refused to concur in House amendments and
98		-	requested appointment of Conference Committee; May 23, 2019, House
99		-	granted request of the Senate; May 26, 2019, Senate adopted
100		-	Conference Committee Report by the following vote: Yeas 31,
101		-	Nays 0.
102		-	______________________________
103		-	Secretary of the Senate
104		-	I hereby certify that S.B. No. 1151 passed the House, with
105		-	amendments, on May 17, 2019, by the following vote: Yeas 146,
106		-	Nays 0, one present not voting; May 23, 2019, House granted request
107		-	of the Senate for appointment of Conference Committee;
108		-	May 26, 2019, House adopted Conference Committee Report by the
109		-	following vote: Yeas 145, Nays 0, one present not voting.
110		-	______________________________
111		-	Chief Clerk of the House
112		-	Approved:
113		-	______________________________
114		-	Date
115		-	______________________________
116		-	Governor