HBA-NRS C.S.S.B. 1091 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 1091
By: Ellis, Rodney
Appropriations
5/9/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The Civil Practice and Remedies Code limits the amount to $5,000 or 5
percent by which the comptroller of public accounts (comptroller) may
reduce the total appropriations made by the legislature to a state agency
in order for the comptroller to pay a settlement of judgment resulting from
a lawsuit. However, the General Appropriations Act (Act) provides that the
payment of settlements and judgments may not exceed $250,000 or 10 percent
of a state agency's appropriations. C.S.S.B. 1091 conforms the Civil
Practice and Remedies Code with the General Appropriations Act to prohibit
an amount paid by a state agency for a particular claim from exceeding a
limitation imposed by the Act and includes provisions for the appropriation
of funds from a special fund or account made in relation to a claim against
a state agency. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.S.B. 1091 amends the Civil Practice and Remedies Code to authorize a
state agency to pay a claim only from money appropriated to that agency by
the General Appropriations Act (Act). The bill prohibits the amount paid by
a state agency for a single claim from exceeding a limitation imposed by
the Act, rather than exceeding $5,000 on the amount that may be paid by the
agency on a particular claim. The bill prohibits the total of all amounts
for a single claim paid by a state agency from money appropriated to the
agency for any fiscal year from exceeding a limitation imposed by the Act,
rather than five percent of the appropriation made to that agency for that
fiscal year. 

The bill provides that appropriations for payments of claims against state
agencies applies to appropriations and payments made in relation to a tort
claim for which the state government is liable that results from the
conduct of a state agency and to the indemnification of an employee, member
of a governing body, or other officer of a state agency. The bill specifies
that the payment of a claim under these provisions does not apply to the
payment of a claim if the legislature has specifically identified the claim
and appropriated money to pay the claim. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 1091 modifies the applicability standards of appropriations and
payments of tort claims for which the state government is liable as a
result of the conduct of a state agency or the indemnification of an
employee, member of a governing board, or other officer of a state agency.