Law:Title 5. Governmental Liability from Chapter 111. Limitation On Settlement (Texas)

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Contents

Chapter 111. Limitation On Settlement

OF CLAIM OR ACTION AGAINST THE STATE


Section 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.



Section 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.



Section 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.



Section 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.



Section 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.



Section 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.


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