CHAPTER 103. COMPENSATION TO PERSONS WRONGFULLY IMPRISONED
CIVIL PRACTICE AND REMEDIES CODE
TITLE 5. GOVERNMENTAL LIABILITY
CHAPTER 103. COMPENSATION TO PERSONS WRONGFULLY IMPRISONED
SUBCHAPTER A. ELIGIBILITY AND CHOICE OF COMPENSATION METHOD
Sec. 103.001. CLAIMANTS ENTITLED TO COMPENSATION. (a) A person
is entitled to compensation if:
(1) the person has served in whole or in part a sentence in
prison under the laws of this state; and
(2) the person:
(A) has received a full pardon on the basis of innocence for the
crime for which the person was sentenced; or
(B) has been granted relief on the basis of actual innocence of
the crime for which the person was sentenced.
(b) A person is not entitled to compensation under Subsection
(a) for any part of a sentence in prison during which the person
was also serving a concurrent sentence for another crime to which
Subsection (a) does not apply.
(c) If a deceased person would be entitled to compensation under
Subsection (a)(2) if living, including a person who received a
posthumous pardon, the person's heirs, legal representatives, and
estate are entitled to lump-sum compensation under Section
103.052.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 2001, 77th Leg., ch. 1488, Sec. 1, eff. June 15,
2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
180, Sec. 2, eff. September 1, 2009.
Sec. 103.003. LIMITATION ON TIME TO FILE. Not later than the
third anniversary of the date the person on whose imprisonment
the claim is based received the pardon or was granted relief as
required by Section 103.001, a person seeking compensation under
this chapter must file an application with the comptroller for
compensation under Subchapter B.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 2001, 77th Leg., ch. 1488, Sec. 1, eff. June 15,
2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
180, Sec. 3, eff. September 1, 2009.
SUBCHAPTER B. ADMINISTRATIVE PROCEEDING
Sec. 103.051. APPLICATION PROCEDURE. (a) To apply for
compensation under this subchapter, the claimant must file with
the comptroller's judiciary section:
(1) an application for compensation provided for that purpose by
the comptroller;
(2) a verified copy of the pardon or court order justifying the
application for compensation;
(3) a statement provided by the Texas Department of Criminal
Justice and any county or municipality that incarcerated the
person on whose imprisonment the claim is based in connection
with the relevant sentence verifying the length of incarceration;
(4) if applicable, a statement from the Department of Public
Safety verifying registration as a sex offender and length of
registration;
(5) if applicable, a statement from the Texas Department of
Criminal Justice verifying the length of time spent on parole;
and
(6) if the claimant is applying for compensation under Section
103.052(a)(2), a certified copy of each child support order under
which child support payments became due during the time the
claimant served in prison and copies of the official child
support payment records described by Section 234.009, Family
Code, for that period.
(b) The comptroller shall determine:
(1) the eligibility of the claimant; and
(2) the amount of compensation owed to an eligible claimant.
(b-1) In determining the eligibility of a claimant, the
comptroller shall consider only the verified copy of the pardon
or court order filed by the claimant under Subsection (a). If
the pardon or court order does not clearly indicate on its face
that the pardon or the court order was granted or rendered on the
basis of the claimant's actual innocence of the crime for which
the claimant was sentenced, the comptroller shall deny the claim.
The comptroller's duty to determine the eligibility of a
claimant under this section is purely ministerial.
(c) The comptroller must make a determination of eligibility and
the amount owed as required by Subsection (b) not later than the
45th day after the date the application is received.
(d) If the comptroller denies the claim, the comptroller must
state the reason for the denial. Not later than the 10th day
after the date the denial is received, the claimant must submit
an application to cure any problem identified. Not later than the
45th day after the date an application is received under this
subsection, the comptroller shall determine the claimant's
eligibility and the amount owed.
(e) If the comptroller denies a claim after the claimant submits
an application under Subsection (d), the claimant may bring an
action for mandamus relief.
Added by Acts 2001, 77th Leg., ch. 1488, Sec. 1, eff. June 15,
2001. Amended by Acts 2003, 78th Leg., ch. 1310, Sec. 1, eff.
June 20, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1190, Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
1388, Sec. 2, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 5.003, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
180, Sec. 4, eff. September 1, 2009.
Sec. 103.052. LUMP-SUM COMPENSATION. (a) A person who meets
the requirements of Section 103.001 is entitled to compensation
in an amount equal to:
(1) $80,000 multiplied by the number of years served in prison,
expressed as a fraction to reflect partial years; and
(2) compensation for child support payments owed by the person
on whose imprisonment the claim is based that became due and
interest on child support arrearages that accrued during the time
served in prison but were not paid.
(b) A person who, after serving a sentence in a Texas prison for
which the person is entitled to compensation under Subsection
(a)(1), was released on parole or required to register as a sex
offender under Chapter 62, Code of Criminal Procedure, is
entitled to compensation in an amount equal to $25,000 multiplied
by the number of years served either on parole or as a registered
sex offender, expressed as a fraction to reflect partial years.
(c) The amount of compensation under Subsection (a)(2) to which
a person is entitled shall be paid on the person's behalf in a
lump-sum payment to the state disbursement unit, as defined by
Section 101.0302, Family Code, for distribution to the obligee
under the child support order.
Added by Acts 2001, 77th Leg., ch. 1488, Sec. 1, eff. June 15,
2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1190, Sec. 2, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
180, Sec. 5, eff. September 1, 2009.
Sec. 103.053. ANNUITY COMPENSATION. (a) A person entitled to
compensation under Section 103.001(a) is entitled to annuity
payments, based on a present value sum equal to the amount to
which the person is entitled under Sections 103.052(a)(1) and
(b).
(b) The annuity payments under this section are payable in equal
monthly installments for the life of the claimant and must be
based on a five percent per annum interest rate and other
actuarial factors within the discretion of the comptroller.
(c) The annuity payments may not be accelerated, deferred,
increased, or decreased. The applicant may not sell, mortgage or
otherwise encumber, or anticipate the payments, wholly or partly,
by assignment or otherwise.
Added by Acts 2009, 81st Leg., R.S., Ch.
180, Sec. 6, eff. September 1, 2009.
Sec. 103.054. PAYMENT OF CERTAIN TUITION AND FEES. If requested
by the claimant before the seventh anniversary of the date the
claimant received the pardon or was granted relief as required by
Section 103.001, tuition for up to 120 credit hours, including
tuition charged under Section 54.0513, Education Code, or any
other law granting an educational institution discretion to set
the tuition rate, and any mandatory fees associated with
attendance at the institution, charged by a career center or
public institution of higher education shall be paid on behalf of
the claimant.
Added by Acts 2009, 81st Leg., R.S., Ch.
180, Sec. 6, eff. September 1, 2009.
SUBCHAPTER D. PAYMENTS AND LIMITATIONS
Sec. 103.151. ADMINISTRATIVE PAYMENT OF COMPENSATION. (a) The
comptroller shall make the compensation due a claimant under
Section 103.052 and the lump-sum payment, if any, to be paid to
the state disbursement unit, as defined by Section 101.0302,
Family Code, under Subchapter B, to the extent that funds are
available and appropriated for that purpose, not later than the
30th day after the date the comptroller grants the application.
A claim for lump-sum compensation payable under Section
103.052(a) or (b) shall survive the death of the claimant in
favor of the heirs, legal representatives, and estate of the
claimant.
(b) The comptroller shall begin making annuity payments to a
claimant under Section 103.053(a) on the first anniversary of the
date of payment of the compensation due under Section 103.052.
(c) If appropriated funds are insufficient to pay the amount due
a claimant and the amount to be paid to the state disbursement
unit, as defined by Section 101.0302, Family Code, money shall be
paid under the procedure described by Section 103.152.
Added by Acts 2001, 77th Leg., ch. 1488, Sec. 1, eff. June 15,
2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1190, Sec. 5, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
180, Sec. 7, eff. September 1, 2009.
Sec. 103.152. PAYMENT OF COMPENSATION. (a) Not later than
November 1 of each even-numbered year, the comptroller shall
provide a list of claimants entitled to payment under Subchapter
B and the amounts due for each claimant to the governor, the
lieutenant governor, and the chair of the appropriate committee
in each house of the legislature so that the legislature may
appropriate the amount needed to pay the amount owed to each
claimant and the amount to be paid to the state disbursement
unit, as defined by Section 101.0302, Family Code, on the
claimant's behalf.
(b) Not later than September 1 of the year in which an
appropriation under this chapter has been made by the
legislature, the comptroller shall pay the required amount to
each claimant and the state disbursement unit, as defined by
Section 101.0302, Family Code.
(c) Repealed by Acts 2009, 81st Leg., R.S., Ch. 180, Sec. 12(3),
eff. September 1, 2009.
Added by Acts 2001, 77th Leg., ch. 1488, Sec. 1, eff. June 15,
2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1190, Sec. 6, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
180, Sec. 8, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
180, Sec. 12(3), eff. September 1, 2009.
Sec. 103.153. EMPLOYEES NOT LIABLE AFTER PAYMENT OF
COMPENSATION. (a) In this section, "employee" and "governmental
unit" have the meanings assigned by Section 101.001.
(b) A person who receives compensation under this chapter may
not bring any action involving the same subject matter, including
an action involving the person's arrest, conviction, or length of
confinement, against any governmental unit or an employee of any
governmental unit.
Added by Acts 2001, 77th Leg., ch. 1488, Sec. 1, eff. June 15,
2001.
Sec. 103.154. TERMINATION OF PAYMENTS. (a) Except as provided
by Subsection (c), compensation payments to a person under this
chapter terminate if, after the date the person becomes eligible
for compensation under Section 103.001, the person is convicted
of a crime punishable as a felony. Compensation payments
terminate under this subsection on the date of the subsequent
conviction.
(b) Annuity payments to a person under Section 103.151(b)
terminate on the date of the person's death. Any payments
scheduled to be paid after that date are credited to the state
and may not be paid to any other person, including the person's
surviving spouse, heirs, devisees, or beneficiaries under the
person's will, or to the person's estate.
(c) This section does not apply to compensation for child
support payments and interest on child support arrearages to be
paid on a person's behalf under this chapter to the state
disbursement unit, as defined by Section 101.0302, Family Code.
Added by Acts 2001, 77th Leg., ch. 1488, Sec. 1, eff. June 15,
2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1190, Sec. 7, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
180, Sec. 9, eff. September 1, 2009.