H.B. No. 417

	AN ACT
	relating to claims for compensation for wrongful imprisonment and
	group health benefits coverage for persons wrongfully imprisoned
	.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  The heading to Subchapter A, Chapter 103, Civil
	Practice and Remedies Code, is amended to read as follows:
	SUBCHAPTER A. ELIGIBILITY; NOTICE OF ELIGIBILITY [AND CHOICE OF
	COMPENSATION METHOD]
	SECTION 2.  Section 103.001, Civil Practice and Remedies
	Code, is amended by amending Subsection (a) and adding Subsections
	(d) and (e) to read as follows:
	(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 in accordance with a
	writ of habeas corpus that is based on a court finding or
	determination that the person is actually innocent of the crime for
	which the person was sentenced; or
	(C)  has been granted relief in accordance with a
	writ of habeas corpus and:
	(i)  the state district court in which the
	charge against the person was pending has entered an order
	dismissing the charge; and
	(ii)  the district court's dismissal order
	is based on a motion to dismiss in which the state's attorney states
	that no credible evidence exists that inculpates the defendant and,
	either in the motion or in an affidavit, the state's attorney states
	that the state's attorney believes that the defendant is actually
	innocent of the crime for which the person was sentenced [on the
	basis of actual innocence of the crime for which the person was
	sentenced].
	(d)  Subject to this section, a person entitled to
	compensation under Subsection (a) is also eligible to obtain group
	health benefit plan coverage through the Texas Department of
	Criminal Justice as if the person were an employee of the
	department.  This subsection does not entitle the person's spouse
	or other dependent or family member to group health benefit plan
	coverage.  Coverage may be obtained under this subsection for a
	period of time equal to the total period the claimant served for the
	crime for which the claimant was wrongfully imprisoned, including
	any period during which the claimant was released on parole or to
	mandatory supervision or required to register under Chapter 62,
	Code of Criminal Procedure.  A person who elects to obtain coverage
	under this subsection shall pay a monthly contribution equal to the
	total amount of the monthly contributions for that coverage for an
	employee of the department.
	(e)  Notwithstanding Section 103.053(c), annuity payments
	may be reduced by an amount necessary to make the payments required
	by Subsection (d), and that amount shall be transferred to an
	appropriate account as provided by the comptroller by rule to fund
	that coverage.
	SECTION 3.  Subchapter A, Chapter 103, Civil Practice and
	Remedies Code, is amended by adding Section 103.002 to read as
	follows:
	Sec. 103.002.  NOTICE TO WRONGFULLY IMPRISONED PERSON. (a)
	In this section:
	(1)  "Department" means the Texas Department of
	Criminal Justice.
	(2)  "Penal institution" has the meaning assigned by
	Article 62.001, Code of Criminal Procedure.
	(3)  "Wrongfully imprisoned person" has the meaning
	assigned by Section 501.091, Government Code, as added by Chapter
	1389 (S.B. 1847), Acts of the 81st Legislature, Regular Session,
	2009.
	(b)  The department shall provide to each wrongfully
	imprisoned person information, both orally and in writing, that
	includes:
	(1)  guidance on how to obtain compensation under this
	chapter; and
	(2)  a list of and contact information for nonprofit
	advocacy groups, identified by the department, that assist
	wrongfully imprisoned persons in filing claims for compensation
	under this chapter.
	(c)  The department must provide the information required
	under Subsection (b):
	(1)  at the time of the release of the wrongfully
	imprisoned person from a penal institution; or
	(2)  as soon as practicable after the department has
	reason to believe that the person is entitled to compensation under
	Section 103.001(a).
	SECTION 4.  Section 103.003, Civil Practice and Remedies
	Code, is amended to read as follows:
	Sec. 103.003.  LIMITATION ON TIME TO FILE. A person seeking
	compensation under this chapter must file an application with the
	comptroller for compensation under Subchapter B not [Not] later
	than the third anniversary of the date:
	(1)  the person on whose imprisonment the claim is
	based received a [the] pardon as provided by Section
	103.001(a)(2)(A);
	(2)  the person's application for a writ of habeas
	corpus was granted as provided by Section 103.001(a)(2)(B); or
	(3)  an order of dismissal described by Section
	103.001(a)(2)(C) was signed [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].
	SECTION 5.  Section 103.051, Civil Practice and Remedies
	Code, is amended by amending Subsections (a), (b-1), and (d) and
	adding Subsection (f) to read as follows:
	(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,
	motion to dismiss, and affidavit, as applicable, 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-1)  In determining the eligibility of a claimant, the
	comptroller shall consider only the verified copies of documents
	[copy of the pardon or court order] filed [by the claimant] under
	Subsection (a)(2) [(a)].  If the filed documents do [pardon or
	court order does] not clearly indicate on their [its] face that the
	person is entitled to compensation under Section 103.001(a)(2)
	[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.
	(d)  If the comptroller denies the claim, the comptroller
	must state the reason for the denial. Not later than the 30th
	[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.
	(f)  To apply for coverage through the Texas Department of
	Criminal Justice under Section 103.001(d), the claimant must file
	with the department:
	(1)  an application for coverage provided for that
	purpose by the department; and
	(2)  a statement by the comptroller that the
	comptroller has determined the claimant to be eligible for
	compensation under this subchapter.
	SECTION 6.  Section 103.054, Civil Practice and Remedies
	Code, is amended to read as follows:
	Sec. 103.054.  PAYMENT OF CERTAIN TUITION AND FEES. If
	requested by the claimant before the seventh anniversary of the
	relevant date described by Section 103.003 [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.
	SECTION 7.  Chapter 103, Civil Practice and Remedies Code,
	is amended by adding Subchapter C to read as follows:
	SUBCHAPTER C.  FEES
	Sec. 103.101.  FEES LIMITED; PREREQUISITES TO FEE AGREEMENT.
	(a)  A person, including an attorney, may not charge or collect a
	fee for preparing, filing, or curing a claimant's application under
	Section 103.051 unless the fee is based on a reasonable hourly rate.
	(b)  An attorney may enter into a fee agreement with a
	claimant for services related to an application under Section
	103.051 only after the attorney has disclosed in writing to the
	claimant the hourly rate that will be charged for the services.
	(c)  An attorney may not collect a fee for preparing, filing,
	or curing a claimant's application under Section 103.051 before a
	final determination is made by the comptroller that the claimant is
	eligible or ineligible for compensation under this chapter.
	Sec. 103.102.  SUBMISSION OF FEE REPORT. (a) Together with
	an application for compensation under this chapter or not later
	than the 14th day after the date the application or cured
	application is filed, a person seeking payment for preparing,
	filing, or curing the application must file a fee report with the
	comptroller's judiciary section.
	(b)  A fee report under this section must include:
	(1)  the total dollar amount sought for fees;
	(2)  the number of hours the person worked preparing,
	filing, or curing the application; and
	(3)  the name of the applicant.
	(c)  A fee report under this section is public information
	subject to Chapter 552, Government Code.
	SECTION 8.  Section 501.091, Government Code, as added by
	Chapter 1389 (S.B. 1847), Acts of the 81st Legislature, Regular
	Session, 2009, is amended by amending Subsection (a) and adding
	Subsection (d) to read as follows:
	(a)  In this section, "wrongfully imprisoned person" means a
	person who:
	(1)  has served in whole or in part a sentence in a
	facility operated by or under contract with the department; and
	(2)  has:
	(A)  received a pardon for innocence for the crime
	for which the person was sentenced; [or]
	(B)  been granted relief in accordance with a writ
	of habeas corpus that is based on a court finding or determination
	that the person is actually innocent of the crime for which the
	person was sentenced; or
	(C)  been granted relief in accordance with a writ
	of habeas corpus and:
	(i)  the state district court in which the
	charge against the person was pending has entered an order
	dismissing the charge; and
	(ii)  the district court's dismissal order
	is based on a motion to dismiss in which the state's attorney states
	that no credible evidence exists that inculpates the defendant and,
	either in the motion or in an affidavit, the state's attorney states
	that the state's attorney believes that the defendant is actually
	innocent of the crime for which the person was sentenced [otherwise
	been granted relief on the basis of actual innocence of the crime
	for which the person was sentenced].
	(d)  The department shall provide information to wrongfully
	imprisoned persons as required by Section 103.002, Civil Practice
	and Remedies Code.
	SECTION 9.  Subchapter C, Chapter 1551, Insurance Code, is
	amended by adding Section 1551.115 to read as follows:
	Sec. 1551.115.  PARTICIPATION BY WRONGFULLY IMPRISONED
	PERSONS.  Subject to Section 103.001, Civil Practice and Remedies
	Code, a person who is entitled to compensation under Chapter 103,
	Civil Practice and Remedies Code, is eligible to obtain health
	benefit plan coverage under the group benefits program in the
	manner and to the extent that an employee of the Texas Department of
	Criminal Justice would be entitled to coverage, except that this
	section does not entitle the person's spouse or other dependent or
	family member to coverage.
	SECTION 10.  Section 501.091(a), Government Code, as added
	by Chapter 180 (H.B. 1736), Acts of the 81st Legislature, Regular
	Session, 2009, is repealed.
	SECTION 11.  Section 103.001(a)(2)(C), Civil Practice and
	Remedies Code, as added by this Act, applies to a person who has
	received an order of dismissal signed on or after September 1, 2009.
	SECTION 12.  Sections 103.001(d) and (e) and 103.051(f),
	Civil Practice and Remedies Code, and Section 1551.115, Insurance
	Code, as added by this Act, apply to a person the comptroller of
	public accounts has determined to be eligible for compensation as
	provided by Section 103.051(b), Civil Practice and Remedies Code,
	on or after September 1, 2011.
	SECTION 13.  Subchapter C, Chapter 103, Civil Practice and
	Remedies Code, as added by this Act, applies only to an attorney's
	fee agreement entered into on or after January 1, 2012. An
	attorney's fee agreement entered into before January 1, 2012, is
	governed by the law as it existed immediately before the effective
	date of this Act, and that law is continued in effect for that
	purpose.
	SECTION 14.  This Act takes effect immediately if it
	receives a vote of two-thirds of all the members elected to each
	house, as provided by Section 39, Article III, Texas Constitution.
	If this Act does not receive the vote necessary for immediate
	effect, this Act takes effect September 1, 2011.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 417 was passed by the House on April
	26, 2011, by the following vote:  Yeas 146, Nays 0, 2 present, not
	voting; and that the House concurred in Senate amendments to H.B.
	No. 417 on May 21, 2011, by the following vote:  Yeas 143, Nays 0, 2
	present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 417 was passed by the Senate, with
	amendments, on May 18, 2011, by the following vote:  Yeas 30, Nays
	1.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor