§ 103.002.Notice to Wrongfully Imprisoned Person
Title 5. Governmental Liability · Chapter 103. Compensation to Persons Wrongfully Imprisoned · Subchapter A. Eligibility; Notice of Eligibility · Last amended 2011 · Last verified August 29, 2026
Full Text of § 103.002
Plain-English Summary
A right nobody mentions is a right nobody uses, so the chapter makes the prison system speak.
The department must give each wrongfully imprisoned person guidance on how to obtain compensation under this chapter. The duty is to explain the route, not to file the claim.
It must also hand over a list of nonprofit advocacy groups that help wrongfully imprisoned people file these claims, with contact information. The department identifies the groups.
Both forms are required — orally and in writing. A person walking out of a penal institution after years inside is not in a position to absorb a packet, and a spoken explanation without paper is gone by evening.
Timing follows one of two triggers. The information goes out at release from a penal institution, or as soon as practicable once the department has reason to believe the person qualifies under Section 103.001(a).
The second trigger matters because eligibility often arrives late. A pardon or a habeas ruling can land long after release, and the duty attaches when the department learns of it.
Three defined terms carry the section. "Department" means the Texas Department of Criminal Justice, "penal institution" takes its meaning from Article 62.001 of the Code of Criminal Procedure, and "wrongfully imprisoned person" takes its meaning from Section 501.091 of the Government Code as that section was added in 2009.
Frequently Asked Questions
What must the prison system tell a wrongfully imprisoned person?
How to obtain compensation under this chapter, plus a list of nonprofit advocacy groups that assist with these claims and how to reach them.
When is the notice due?
At release from a penal institution, or as soon as practicable after the department has reason to believe the person is entitled to compensation.
Does the notice have to be in writing?
Yes, and it must be given orally as well.
Amendment History
- Added by Acts 2011, 82nd Leg., R.S., Ch. 698 (H.B. 417), Sec. 3, eff. June 17, 2011.