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§ 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

In one sentenceSection 103.002 requires the Texas Department of Criminal Justice to tell a wrongfully imprisoned person, orally and in writing, how to seek compensation and which advocacy groups can help.

Full Text of § 103.002

Text sizeJump to: (a) (b) (c)

(a)In this section:
(1)"Department" means the Texas Department of Criminal Justice.
(2)"Penal institution" has the meaning assigned by Article 62.001, Code of Criminal Procedure.
(3)"Wrongfully imprisoned person" has the meaning assigned by Section 501.091, Government Code, as added by Chapter 1389 (S.B. 1847), Acts of the 81st Legislature, Regular Session, 2009.
(b)The department shall provide to each wrongfully imprisoned person information, both orally and in writing, that includes:
(1)guidance on how to obtain compensation under this chapter; and
(2)a list of and contact information for nonprofit advocacy groups, identified by the department, that assist wrongfully imprisoned persons in filing claims for compensation under this chapter.
(c)The department must provide the information required under Subsection (b):
(1)at the time of the release of the wrongfully imprisoned person from a penal institution; or
(2)as soon as practicable after the department has reason to believe that the person is entitled to compensation under Section 103.001(a).
End

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.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source