S.B. No. 1151
AN ACT
relating to the comptroller's access to criminal history record
information of wrongfully imprisoned persons and certain annuity
payments payable to surviving spouses and designated beneficiaries
of those persons.
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) marriage or divorce of the claimant;
(B) the addition of a dependent of the claimant;
or
(C) 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. Section 411.109(a), Government Code, is amended
to read as follows:
(a) The comptroller is entitled to obtain from the
department criminal history record information maintained by the
department that the comptroller believes is necessary for the
enforcement or administration of Chapter 103, Civil Practice and
Remedies Code, or Chapter 151, 152, 154, 155, or 162, Tax Code,
including criminal history record information that relates to a
person who is:
(1) an applicant for a permit under any of those
chapters;
(2) a permit holder under any of those chapters;
(3) an officer, director, stockholder owning 10
percent or more of the outstanding stock, partner, owner, or
managing employee of an applicant or permit holder under any of
those chapters that is a corporation, association, joint venture,
syndicate, partnership, or proprietorship;
(4) believed to have violated any of those chapters;
[or]
(5) being considered by the comptroller for employment
as a peace officer; or
(6) receiving, scheduled to receive, or applying to
receive compensation under Chapter 103, Civil Practice and Remedies
Code.
SECTION 3. (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 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1151 passed the Senate on
April 11, 2019, by the following vote: Yeas 31, Nays 0;
May 23, 2019, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 23, 2019, House
granted request of the Senate; May 26, 2019, Senate adopted
Conference Committee Report by the following vote: Yeas 31,
Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1151 passed the House, with
amendments, on May 17, 2019, by the following vote: Yeas 146,
Nays 0, one present not voting; May 23, 2019, House granted request
of the Senate for appointment of Conference Committee;
May 26, 2019, House adopted Conference Committee Report by the
following vote: Yeas 145, Nays 0, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor