CHAPTER 111. LIMITATION ON SETTLEMENT OF CLAIM OR ACTION AGAINST THE STATE - Texas Statutes

CIVIL PRACTICE AND REMEDIES CODE

TITLE 5. GOVERNMENTAL LIABILITY

CHAPTER 111. LIMITATION ON SETTLEMENT

OF CLAIM OR ACTION AGAINST THE STATE

Sec. 111.001. PURPOSE; APPLICABILITY. (a) The purposes of this

chapter include providing a means for the legislature to

determine the extent to which this state waives its sovereign

immunity with regard to a settlement of a claim or action against

the state that requires an expenditure of state funds.

(b) This chapter applies to any settlement described by Section

111.003(a) of a claim or action against this state seeking any

relief under any theory of recovery, including a mandamus action

against a state officer or official, that is brought or may be

brought in or before any court, administrative agency, or other

tribunal.

(c) For purposes of this chapter, a reference to this state

includes any agency, institution, or other entity of state

government.

(d) This chapter does not apply to a refund of a tax, fee, or

any related penalty or interest.

Added by Acts 2007, 80th Leg., R.S., Ch.

1004, Sec. 1, eff. June 15, 2007.

Sec. 111.002. DEFINITION. In this chapter, "settlement"

includes a consent decree, an agreed judgment, or any other

settlement or compromise of a claim or action.

Added by Acts 2007, 80th Leg., R.S., Ch.

1004, Sec. 1, eff. June 15, 2007.

Sec. 111.003. LIMITATION ON SETTLEMENT WITHOUT LEGISLATIVE

CONSENT OR APPROVAL. (a) The attorney general or other attorney

representing this state may not enter into a settlement of a

claim or action against this state without the consent or

approval of the legislature in accordance with this chapter if

the settlement:

(1) requires this state to pay total monetary damages in an

amount that exceeds $25,000,000 in a state fiscal biennium; or

(2) commits this state to a course of action that in reasonable

probability will entail a continuing increased expenditure of

state funds over subsequent state fiscal bienniums.

(b) A settlement described by Subsection (a) entered into

without the prior consent or approval of the legislature is void

unless the settlement is expressly conditioned on obtaining

subsequent approval by the legislature in accordance with this

chapter.

Added by Acts 2007, 80th Leg., R.S., Ch.

1004, Sec. 1, eff. June 15, 2007.

Sec. 111.004. FORM OF CONSENT OR APPROVAL. (a) The legislature

may consent to or approve a settlement described by Section

111.003(a) only by a resolution adopted by both houses of the

legislature.

(b) Legislative consent under this chapter may but is not

required to be expressed in the form of a resolution granting

permission to sue the state that limits the relief to which a

claimant may be entitled or provides additional conditions to

which a grant of permission to sue is subject.

Added by Acts 2007, 80th Leg., R.S., Ch.

1004, Sec. 1, eff. June 15, 2007.

Sec. 111.005. APPROPRIATIONS. (a) An appropriation of state

funds to pay or comply with a settlement does not constitute

consent to or approval of the settlement for purposes of this

chapter.

(b) A resolution consenting to or approving a settlement under

this chapter does not and may not require the legislature to

appropriate a particular amount for a particular purpose.

Added by Acts 2007, 80th Leg., R.S., Ch.

1004, Sec. 1, eff. June 15, 2007.

Sec. 111.006. REPORT BY ATTORNEY GENERAL. Not later than

September 1 of each even-numbered year, the attorney general

shall send to the lieutenant governor, the speaker of the house

of representatives, and each member of the Senate Finance

Committee and the House Appropriations Committee a report

describing each claim or action pending as of September 1 of that

year that has been or that in the opinion of the attorney general

may be settled in a manner that will require prior consent or

subsequent approval by the legislature under this chapter.

Added by Acts 2007, 80th Leg., R.S., Ch.

1004, Sec. 1, eff. June 15, 2007.