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Texas Statutes (Last Updated: January 4, 2014) |
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CIVIL PRACTICE AND REMEDIES CODE |
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Title 5. GOVERNMENTAL LIABILITY |
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Chapter 103. COMPENSATION TO PERSONS WRONGFULLY IMPRISONED |
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Subchapter B. ADMINISTRATIVE PROCEEDING |
Sec. 103.051. APPLICATION PROCEDURE
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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.