Bill Text: TX SB1151 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the comptroller's access to criminal history record information of wrongfully imprisoned persons and certain annuity payments payable to surviving spouses and designated beneficiaries of those persons.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-10 - Effective immediately [SB1151 Detail]
Download: Texas-2019-SB1151-Enrolled.html
S.B. No. 1151 |
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relating to the comptroller's access to criminal history record | ||
information of wrongfully imprisoned persons and certain annuity | ||
payments payable to surviving spouses and designated beneficiaries | ||
of those persons. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 103.0535, Civil Practice and Remedies | ||
Code, is amended by amending Subsection (d) and adding Subsection | ||
(d-1) to read as follows: | ||
(d) An election under this section must be made not later | ||
than the 45th day after the date: | ||
(1) on which the claimant files with the comptroller | ||
the application required by Section 103.051; or | ||
(2) on which the claimant experiences one of the | ||
following life-changing events: | ||
(A) marriage or divorce of the claimant; | ||
(B) the addition of a dependent of the claimant; | ||
or | ||
(C) the death of a dependent, spouse, or | ||
beneficiary of the claimant. | ||
(d-1) An election under Subsection (d) must be made on a | ||
form prescribed by the comptroller that: | ||
(1) identifies the claimant's spouse or designated | ||
beneficiary according to Section 103.0536; and | ||
(2) specifies the option selected under Subsection | ||
(c). | ||
SECTION 2. Section 411.109(a), Government Code, is amended | ||
to read as follows: | ||
(a) The comptroller is entitled to obtain from the | ||
department criminal history record information maintained by the | ||
department that the comptroller believes is necessary for the | ||
enforcement or administration of Chapter 103, Civil Practice and | ||
Remedies Code, or Chapter 151, 152, 154, 155, or 162, Tax Code, | ||
including criminal history record information that relates to a | ||
person who is: | ||
(1) an applicant for a permit under any of those | ||
chapters; | ||
(2) a permit holder under any of those chapters; | ||
(3) an officer, director, stockholder owning 10 | ||
percent or more of the outstanding stock, partner, owner, or | ||
managing employee of an applicant or permit holder under any of | ||
those chapters that is a corporation, association, joint venture, | ||
syndicate, partnership, or proprietorship; | ||
(4) believed to have violated any of those chapters; | ||
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(5) being considered by the comptroller for employment | ||
as a peace officer; or | ||
(6) receiving, scheduled to receive, or applying to | ||
receive compensation under Chapter 103, Civil Practice and Remedies | ||
Code. | ||
SECTION 3. (a) Notwithstanding Section 103.0535(d), Civil | ||
Practice and Remedies Code, as amended by this Act, a person | ||
entitled to compensation under Section 103.001(a), Civil Practice | ||
and Remedies Code, who started receiving annuity payments before | ||
the effective date of this Act may elect to receive any remaining | ||
payments as alternative annuity payments under Section 103.0535, | ||
Civil Practice and Remedies Code, as amended by this Act, by filing | ||
the form described by Section 103.0535(d-1), Civil Practice and | ||
Remedies Code, as added by this Act, with the comptroller after | ||
December 31, 2019, and before March 1, 2020. The value of | ||
alternative annuity payments elected under this subsection must be | ||
actuarially equivalent to the remaining value of the annuity | ||
payments the person would receive absent the election. This | ||
subsection does not affect the ability of a person described by this | ||
subsection to make an election under Section 103.0535(d), Civil | ||
Practice and Remedies Code, as amended by this Act, following a | ||
life-changing event described by that subsection. | ||
(b) Not later than December 1, 2019, the comptroller shall | ||
provide notice to all persons entitled to compensation under | ||
Section 103.001(a), Civil Practice and Remedies Code, of: | ||
(1) the opportunity described by Subsection (a) of | ||
this section to elect to receive alternative annuity payments under | ||
Section 103.0535, Civil Practice and Remedies Code, as amended by | ||
this Act; and | ||
(2) the opportunity to elect to receive alternative | ||
annuity payments after a life-changing event under Section | ||
103.0535(d), Civil Practice and Remedies Code, as amended by this | ||
Act. | ||
(c) The comptroller shall provide the notice required by | ||
Subsection (b) of this section by: | ||
(1) certified mail to a person's last known address; | ||
and | ||
(2) phone call to the phone number that the | ||
comptroller has on file for the person. | ||
SECTION 4. 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, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1151 passed the Senate on | ||
April 11, 2019, by the following vote: Yeas 31, Nays 0; | ||
May 23, 2019, Senate refused to concur in House amendments and | ||
requested appointment of Conference Committee; May 23, 2019, House | ||
granted request of the Senate; May 26, 2019, Senate adopted | ||
Conference Committee Report by the following vote: Yeas 31, | ||
Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1151 passed the House, with | ||
amendments, on May 17, 2019, by the following vote: Yeas 146, | ||
Nays 0, one present not voting; May 23, 2019, House granted request | ||
of the Senate for appointment of Conference Committee; | ||
May 26, 2019, House adopted Conference Committee Report by the | ||
following vote: Yeas 145, Nays 0, one present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |