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eXpendit

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Settlements and Judgments
Appropriation to the Comptroller to Pay Certain Judgments and Settlements

The Legislature provides funds to the Comptroller’s office to pay certain settlements and judgments, including:

  • Medical malpractice claims against institutions of higher education under Texas Education Code, Chapter 59.
  • Settlements and judgments related to governmental liability under the Texas Tort Claims Act (TTCA).

    Note: Attorney fees are not payable with state funds under (TTCA).

  • Settlements and judgments related to state liability for the conduct of public servants under Civil Practice and Remedies Code, Chapter 101 and Chapter 104, including indemnification for criminal prosecution under Civil Practice and Remedies Code, Section 104.0035.
  • Settlements approved and judgments issued by federal courts.

Except for medical malpractice claims, settlements and judgments must be paid from local funds first, then from the general revenue (GR) fund. The vouchers must be prepared, verified and signed by the paying state agency, and signed by the governor.

Agencies are required to reimburse the GR from special or local funds as those funds become available. If special or local funds are available, those funds must be used before using GR funds to pay settlements and judgments.

The Attorney General’s office prepares a transmittal letter addressed to the Comptroller’s Fiscal Management Division, authorizing payment of a settlement or judgment.