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§ 103.151.Administrative Payment of Compensation

Title 5. Governmental Liability · Chapter 103. Compensation to Persons Wrongfully Imprisoned · Subchapter D. Payments and Limitations · Last amended 2015 · Last verified August 29, 2026

In one sentenceSection 103.151 requires the comptroller to pay the lump sum within 30 days of granting the application if funds are available, starts the annuity one year later, and preserves the lump sum for the claimant’s heirs.

Full Text of § 103.151

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

(a)The comptroller shall make the compensation due a claimant under Section 103.052 and the lump-sum payment, if any, to be paid to the state disbursement unit, as defined by Section 101.0302, Family Code, under Subchapter B, to the extent that funds are available and appropriated for that purpose, not later than the 30th day after the date the comptroller grants the application. A claim for lump-sum compensation payable under Section 103.052(a) or (b) shall survive the death of the claimant in favor of the heirs, legal representatives, and estate of the claimant.
(b)The comptroller shall begin making annuity payments under Section 103.053(a) or 103.0535 on the first anniversary of the date of payment of the compensation due under Section 103.052.
(c)If appropriated funds are insufficient to pay the amount due a claimant and the amount to be paid to the state disbursement unit, as defined by Section 101.0302, Family Code, money shall be paid under the procedure described by Section 103.152.
End

Plain-English Summary

Approval and payment are separate events, and this section is where the money moves.

The lump sum is due within 30 days of the grant. That covers the compensation owed under Section 103.052 and the child support payment to the state disbursement unit, to the extent funds have been appropriated and are available.

The appropriation condition is real. The comptroller pays out of money the legislature has provided, and Section 103.152 exists because that money is not always sitting there.

The lump-sum claim survives the claimant’s death. A claim under Section 103.052(a) or (b) passes to the heirs, legal representatives and estate, so a person who dies after approval and before payment does not lose it.

The survival rule is confined to the lump sum. Annuity payments end at death under Section 103.154(b) unless the claimant elected an option in Section 103.0535 that carries them further.

The annuity starts a year after the lump sum is paid. The first payment under Section 103.053(a) or 103.0535 comes on the first anniversary of that payment date.

If the appropriation falls short, the claim goes into the next cycle. Subsection (c) routes an underfunded claim to the biennial procedure in Section 103.152 instead of leaving it unpaid without a path.

Frequently Asked Questions

How soon must the comptroller pay?

Within 30 days of granting the application, to the extent funds are appropriated and available.

When does the annuity begin?

On the first anniversary of the date the lump sum was paid.

What happens if the claimant dies before payment?

The lump-sum claim survives in favor of the heirs, legal representatives and estate.

Amendment History

  • Added by Acts 2001, 77th Leg., ch. 1488, Sec. 1, eff. June 15, 2001.
  • Amended by:
  • Acts 2007, 80th Leg., R.S., Ch. 1190 (H.B. 814), Sec. 5, eff. September 1, 2007.
  • Acts 2009, 81st Leg., R.S., Ch. 180 (H.B. 1736), Sec. 7, eff. September 1, 2009.
  • Acts 2015, 84th Leg., R.S., Ch. 689 (H.B. 638), Sec. 3, eff. September 1, 2015.
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