CHAPTER 103. COMPENSATION TO PERSONS WRONGFULLY IMPRISONED - Texas Statutes

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.