2005 Texas Civil Practice & Remedies Code CHAPTER 103. COMPENSATION TO PERSONS WRONGFULLY IMPRISONED

CIVIL PRACTICE & REMEDIES CODE

CHAPTER 103. COMPENSATION TO PERSONS WRONGFULLY IMPRISONED

SUBCHAPTER A. ELIGIBILITY AND CHOICE OF COMPENSATION METHOD


	§ 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. 

Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 2001, 77th Leg., ch. 1488, § 1, eff. June 15, 2001.


	§ 103.002. CHOICE OF COMPENSATION METHOD.  A person 
entitled to compensation under Section 103.001 may proceed by 
following the provisions for administratively awarded compensation 
under Subchapter B or by filing suit under Subchapter C, but a 
person may not seek compensation under both Subchapters B and C.

Amended by Acts 2001, 77th Leg., ch. 1488, § 1, eff. June 15, 
2001.      


	§ 103.003. LIMITATION ON TIME TO FILE.  Not later than the 
third anniversary of the date the person received the pardon or was 
found not guilty as required by Section 103.001, a person seeking 
compensation under this chapter must:
		(1)  file an application with the comptroller for 
compensation under Subchapter B;  or
		(2)  file suit against the state for compensation under 
Subchapter C.       

Amended by Acts 2001, 77th Leg., ch. 1488, § 1, eff. June 15, 
2001.      

SUBCHAPTER B. ADMINISTRATIVE PROCEEDING


	§ 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 verifying the length of incarceration;  and
		(4)  a certification of the claimant's actual innocence 
of the crime for which the claimant was sentenced that is signed by 
the attorney representing the state in the prosecution of felonies 
in the county in which the sentence was rendered.
	(b)  The comptroller shall determine:                                          
		(1)  the eligibility of the claimant;  and                                    
		(2)  the amount of compensation owed to an eligible 
claimant.               
	(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, § 1, eff. June 15, 2001.  
Amended by Acts 2003, 78th Leg., ch. 1310, § 1, eff. June 20, 
2003.


	§ 103.052. AMOUNT AND TIMING OF COMPENSATION.  (a) A 
person who meets the requirements of Section 103.001 is entitled to 
compensation in an amount equal to:
		(1)  $25,000 multiplied by the number of years served 
in prison, expressed as a fraction to reflect partial years, if the 
time served is less than 20 years;  or
		(2)  $500,000 if the time served is 20 years or more.                         
	(b)  A person who is owed an amount of compensation equal to 
or greater than $50,000 shall be paid in two equal annual 
installments.
	(c)  If requested by the claimant, the Texas Department of 
Mental Health and Mental Retardation shall provide appropriate 
counseling for one year to the claimant at a mutually agreed-on 
location at no charge to the claimant.

Added by Acts 2001, 77th Leg., ch. 1488, § 1, eff. June 15, 2001.          

SUBCHAPTER C. FILING SUIT


	§ 103.101. WAIVER OF IMMUNITY;  FILING SUIT.  (a) A person 
may bring a suit against the state under this subchapter, and the 
state's immunity from the suit is waived.
	(b)  The suit must be initiated by a verified petition 
alleging that the petitioner is entitled to compensation.
	(c)  The suit shall be brought in a court of competent 
jurisdiction either in the county of the petitioner's residence at 
the time the suit is commenced or in Travis County.
	(d)  Citation must be served on the state by serving the 
attorney general.  The attorney general shall represent the state 
in the proceeding.

Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.  
Redesignated from V.T.C.A., Civil Practice & Remedies Code § 
103.002 and amended by Acts 2001, 77th Leg., ch. 1488, § 1, eff. 
June 15, 2001.


	§ 103.102. STANDARD OF PROOF.  The petitioner must 
establish by a preponderance of the evidence that the petitioner is 
entitled to compensation and the amount of compensation to which 
the petitioner is entitled.

Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.  
Redesignated from V.T.C.A., Civil Practice & Remedies Code § 
103.003 and amended by Acts 2001, 77th Leg., ch. 1488, § 1, eff. 
June 15, 2001.


	§ 103.103. INSUFFICIENT STATE DEFENSES.  The following 
are not defenses to an action brought under this chapter:
		(1)  the judgment of conviction in the trial that 
resulted in the claimant's imprisonment;  or
		(2)  an indictment, information, complaint, or other 
formal accusation.     

Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.  
Redesignated from V.T.C.A., Civil Practice & Remedies Code § 
103.004 by Acts 2001, 77th Leg., ch. 1488, § 1, eff. June 15, 
2001.


	§ 103.104. ADMISSIBLE EVIDENCE.  (a) In the suit, the 
court may admit as evidence the record of the trial at which the 
petitioner was convicted and the pardon or proclamation issued to 
the petitioner by the governor.
	(b)  The court may also admit all court papers, orders, 
docket notations, or other writings of record in any court in this 
state as proof of the facts set forth in the writings.

Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.  
Redesignated from V.T.C.A., Civil Practice & Remedies Code § 
103.005 and amended by Acts 2001, 77th Leg., ch. 1488, § 1, eff. 
June 15, 2001.


	§ 103.105. DAMAGES.  (a) If the trier of fact finds that 
the petitioner is entitled to compensation, the petitioner is 
entitled to:
		(1)  expenses incurred by the petitioner in connection 
with all associated criminal proceedings and appeals and in 
connection with obtaining the petitioner's discharge from 
imprisonment, including any fine or court costs paid and reasonable 
attorney's fees, including reasonable attorney's fees for 
prosecuting the lawsuit under this subchapter;
		(2)  wages, salary, or other earned income that was 
lost as a direct result of the arrest, prosecution, conviction, or 
wrongful imprisonment;  and
		(3)  medical and counseling expenses incurred by the 
petitioner as a direct result of the arrest, prosecution, 
conviction, or wrongful imprisonment.
	(b)  In determining the sum of money owed to the petitioner, 
the trier of fact may not deduct any expenses incurred by the state 
or any of its political subdivisions in connection with the arrest, 
prosecution, conviction, and wrongful imprisonment of the 
petitioner, including expenses for food, clothing, shelter, and 
medical services.
	(c)  Total damages assessed under this subchapter may not 
exceed $500,000.   

Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.  
Redesignated from V.T.C.A., Civil Practice & Remedies Code § 
103.006 and amended by Acts 2001, 77th Leg., ch. 1488, § 1, eff. 
June 15, 2001.

SUBCHAPTER D. PAYMENTS AND LIMITATIONS


	§ 103.151. ADMINISTRATIVE PAYMENT OF COMPENSATION.  (a) 
The comptroller shall make the first installment payment due an 
applicant 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.
	(b)  The comptroller shall pay the amount of the second 
installment payment on the first anniversary of the date of the 
first installment.
	(c)  If appropriated funds are insufficient to pay the amount 
due an applicant, money shall be paid under the procedure described 
by Section 103.152.

Added by Acts 2001, 77th Leg., ch. 1488, § 1, eff. June 15, 2001.          


	§ 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 
or C 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 each claimant the amount owed.
	(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.

Added by Acts 2001, 77th Leg., ch. 1488, § 1, eff. June 15, 2001.          


	§ 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, § 1, eff. June 15, 2001.          


	§ 103.154. TERMINATION OF PAYMENTS.  (a) 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)  Compensation payments to a person under this chapter 
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.

Added by Acts 2001, 77th Leg., ch. 1488, § 1, eff. June 15, 2001.