2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 103 - Compensation to Persons Wrongfully Imprisoned › Subchapter B. Administrative Proceeding › Section 103.051. Application Procedure

Sec. 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, 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)  The comptroller shall determine:
(1)  the eligibility of the claimant;  and
(2)  the amount of compensation owed to an eligible claimant.
(b-1)  In determining the eligibility of a claimant, the comptroller shall consider only the verified copies of documents filed under Subsection (a)(2).  If the filed documents do not clearly indicate on their face that the person is entitled to compensation under Section 103.001(a)(2), the comptroller shall deny the claim.  The comptroller's duty to determine the eligibility of a claimant under this section is purely ministerial.
(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 30th 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.
(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.
Added by Acts 2001, 77th Leg., ch. 1488, Sec. 1, eff. June 15, 2001.  Amended by Acts 2003, 78th Leg., ch. 1310, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1190 (H.B. 814), Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1388 (S.B. 1719), Sec. 2, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 5.003, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 180 (H.B. 1736), Sec. 4, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 698 (H.B. 417), Sec. 5, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1107 (S.B. 1686), Sec. 3, eff. September 1, 2011.