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Statutes > Texas > Civil-practice-and-remedies-code > Title-5-governmental-liability > Chapter-111-limitation-on-settlement-of-claim-or-action-against-the-state
CIVIL PRACTICE AND REMEDIES CODE
TITLE 5. GOVERNMENTAL LIABILITY
CHAPTER 111. LIMITATION ON SETTLEMENT
OF CLAIM OR ACTION AGAINST THE STATE
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
State Codes and Statutes
Statutes > Texas > Civil-practice-and-remedies-code > Title-5-governmental-liability > Chapter-111-limitation-on-settlement-of-claim-or-action-against-the-state
CIVIL PRACTICE AND REMEDIES CODE
TITLE 5. GOVERNMENTAL LIABILITY
CHAPTER 111. LIMITATION ON SETTLEMENT
OF CLAIM OR ACTION AGAINST THE STATE
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
State Codes and Statutes
Statutes >
Texas >
Civil-practice-and-remedies-code >
Title-5-governmental-liability >
Chapter-111-limitation-on-settlement-of-claim-or-action-against-the-state CIVIL PRACTICE AND REMEDIES CODE
TITLE 5. GOVERNMENTAL LIABILITY
CHAPTER 111. LIMITATION ON SETTLEMENT
OF CLAIM OR ACTION AGAINST THE STATE
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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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