CHAPTER 109. APPROPRIATIONS FOR PAYMENT OF CLAIMS AGAINST STATE AGENCIES
CIVIL PRACTICE AND REMEDIES CODE
TITLE 5. GOVERNMENTAL LIABILITY
CHAPTER 109. APPROPRIATIONS FOR PAYMENT OF CLAIMS AGAINST STATE
AGENCIES
Sec. 109.001. DEFINITION. In this chapter, "state agency" means
any entity that constitutes the state government for purposes of
Section 101.001.
Added by Acts 1993, 73rd Leg., ch. 1005, Sec. 1, eff. Sept. 1,
1993.
Sec. 109.002. APPLICABILITY; APPROPRIATIONS AND PAYMENTS FOR
CERTAIN CLAIMS. (a) This chapter applies to appropriations and
payments made in relation to:
(1) a claim for which the state government is liable under
Chapter 101 that results from the conduct of a state agency; and
(2) indemnification of an employee, member of a governing board,
or other officer of a state agency under Chapter 104.
(b) Except as provided by Section 109.007, the legislature may
not make an appropriation to pay a claim for which the state
government is liable under Chapter 101 and that results from the
conduct of a state agency except in accordance with Section
109.003.
(c) Except as provided by Section 109.007, the legislature may
not make an appropriation to indemnify an employee, member of a
governing board, or other officer of a state agency under Chapter
104 except in accordance with Section 109.003.
Added by Acts 1993, 73rd Leg., ch. 1005, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 2001, 77th Leg., ch. 1414, Sec. 1, eff.
Sept. 1, 2001.
Sec. 109.003. SOURCE OF APPROPRIATION. An appropriation subject
to this chapter shall be made from otherwise unappropriated
amounts in a special fund or account that may be appropriated to
the affected state agency and that may be used for that purpose,
to the extent those amounts are available. To the extent those
amounts are not available, the appropriation may be made from the
general revenue fund.
Added by Acts 1993, 73rd Leg., ch. 1005, Sec. 1, eff. Sept. 1,
1993.
Sec. 109.004. PAYMENT OF CLAIM BY AGENCY. (a) This section
does not apply to the payment of a claim if the legislature has
specifically:
(1) identified the claim; and
(2) appropriated money to pay the claim.
(b) Subject to Subsections (c) and (d), a state agency may pay a
claim subject to this chapter only from money appropriated to
that agency in the General Appropriations Act.
(c) The amount paid under this section by a state agency for a
single claim may not exceed a limitation imposed by the General
Appropriations Act on the amount that may be paid by the agency
on a single claim.
(d) The total of all amounts paid by a state agency from money
appropriated to the agency for any fiscal year under this section
may not exceed a limitation imposed by the General Appropriations
Act on the amount that may be paid under this section by a state
agency for that fiscal year.
Added by Acts 1993, 73rd Leg., ch. 1005, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 2001, 77th Leg., ch. 1414, Sec. 2, eff.
Sept. 1, 2001.
Sec. 109.005. REPORTS. (a) The comptroller shall notify an
affected state agency of:
(1) each claim subject to this chapter paid by the comptroller
under this chapter for that state agency;
(2) the amount of the claim;
(3) the amount of the claim paid from a special fund or account;
and
(4) the subject matter of the claim.
(b) Each agency shall summarize the information reported to it
by the comptroller under Subsection (a) and report that
information as part of the agency's annual report to the budget
division of the governor's office and to the Legislative Budget
Board as required by the General Appropriations Act.
Added by Acts 1993, 73rd Leg., ch. 1005, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 2001, 77th Leg., ch. 1414, Sec. 3, eff.
Sept. 1, 2001.
Sec. 109.006. APPROPRIATION FOR CLAIM NOT LIMITED. This chapter
does not limit the amount the legislature may appropriate to pay
claims subject to this chapter.
Added by Acts 1993, 73rd Leg., ch. 1005, Sec. 1, eff. Sept. 1,
1993.
Sec. 109.007. EXCEPTIONS. This chapter does not apply to an
appropriation:
(1) to pay or indemnify a person for a negligent act or omission
in the diagnosis, care, or treatment of a health care or mental
health care patient, without regard to whether the claim is based
on tort or contract principles;
(2) to pay a claim based on the conduct of a state medical
school or of a hospital affiliated with an institution of higher
education of this state;
(3) to pay a claim based on the conduct of an institution of
higher education; or
(4) to pay a claim based on the conduct of a state law
enforcement agency, including the Texas Department of Public
Safety, or of a state corrections agency, including the Texas
Department of Criminal Justice and the Board of Pardons and
Paroles.
Added by Acts 1993, 73rd Leg., ch. 1005, Sec. 1, eff. Sept. 1,
1993.