Tex. Civ. Prac. & Rem. Code § 103.001 · Subchapter A. ELIGIBILITY; NOTICE OF ELIGIBILITY
CLAIMANTS ENTITLED TO COMPENSATION AND HEALTH BENEFITS COVERAGE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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;
(B) has been granted relief in accordance with a writ of habeas corpus that is based on a court finding or determination that the person is actually innocent of the crime for which the person was sentenced; or
(C) has been granted relief in accordance with a writ of habeas corpus and:
(i) the state district court in which the charge against the person was pending has entered an order dismissing the charge; and
(ii) the district court's dismissal order is based on a motion to dismiss in which the state's attorney states that no credible evidence exists that inculpates the defendant and, either in the motion or in an affidavit, the state's attorney states that the state's attorney believes that the defendant is actually innocent 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.
(c) If a deceased person would be entitled to compensation under Subsection (a)(2) if living, including a person who received a posthumous pardon, the person's heirs, legal representatives, and estate are entitled to lump-sum compensation under Section 103.052.
(d) Subject to this section, a person entitled to compensation under Subsection (a) is also eligible to obtain group health benefit plan coverage through the Texas Department of Criminal Justice as if the person were an employee of the department. The person's spouse and dependents may be included in the person's coverage as if the person were an employee of the department. Coverage may be obtained under this subsection for a period of time equal to the total period the claimant served for the crime for which the claimant was wrongfully imprisoned, including any period during which the claimant was released on parole or to mandatory supervision or required to register under Chapter 62, Code of Criminal Procedure. A person who elects to obtain coverage under this subsection shall pay a monthly contribution equal to the total amount of the monthly contributions for that coverage for an employee of the department.
(e) Notwithstanding Section 103.053(c), annuity payments may be reduced by an amount necessary to make the payments required by Subsection (d), and that amount shall be transferred to an appropriate account as provided by the comptroller by rule to fund that coverage.
Notes and commentary — not statutory text
History
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 2001, 77th Leg., ch. 1488, Sec. 1, eff. June 15, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 180 (H.B. 1736), Sec. 2, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 698 (H.B. 417), Sec. 2, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1107 (S.B. 1686), Sec. 1, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1107 (S.B. 1686), Sec. 2, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 315 (H.B. 1455), Sec. 1, eff. September 1, 2023.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CP/htm/CP.103.htm
- Text hash
- sha256 d24a16d41528a97469f7f9cac041a347fe6797f4358e77e5506250a2b27239ae
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Civil Practice and Remedies Code
Cited by 11 provisions
Provisions in this library whose text cites Tex. Civ. Prac. & Rem. Code § 103.001. Each shows the citation as that text prints it.
Civil Practice and Remedies Code
- Tex. Civ. Prac. & Rem. Code § 103.002NOTICE TO WRONGFULLY IMPRISONED PERSON.Printed as Section 103.001(a)
- Tex. Civ. Prac. & Rem. Code § 103.003LIMITATION ON TIME TO FILE.Printed as Section 103.001(a)(2)(A) | Section 103.001(a)(2)(B) | Section 103.001(a)(2)(C)
- Tex. Civ. Prac. & Rem. Code § 103.051APPLICATION PROCEDURE.Printed as Section 103.001(a)(2) | Section 103.001(d)
- Tex. Civ. Prac. & Rem. Code § 103.052LUMP-SUM COMPENSATION.Printed as Section 103.001
- Tex. Civ. Prac. & Rem. Code § 103.053ANNUITY COMPENSATION GENERALLY; STANDARD ANNUITY PAYMENTS.Printed as Section 103.001(a)
- Tex. Civ. Prac. & Rem. Code § 103.0535ALTERNATIVE ANNUITY COMPENSATION.Printed as Section 103.001(a)
- Tex. Civ. Prac. & Rem. Code § 103.154TERMINATION OF PAYMENTS.Printed as Section 103.001
Government Code
- Tex. Gov't Code § 810.003CERTAIN ELECTED OFFICIALS INELIGIBLE FOR RETIREMENT ANNUITY.Printed as Section 103.001(a)(2), Civil Practice and Remedies Code
- Tex. Gov't Code § 810.004CERTAIN CORRECTIONS EMPLOYEES INELIGIBLE FOR RETIREMENT ANNUITY.Printed as Section 103.001(a)(2), Civil Practice and Remedies Code
- Tex. Gov't Code § 824.009CERTAIN EMPLOYEES AND ANNUITANTS INELIGIBLE FOR RETIREMENT ANNUITY; RESUMPTION OR RESTORATION OF ELIGIBILITY.Printed as Section 103.001(a)(2), Civil Practice and Remedies Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.