1. (a) To apply for compensation under this subchapter, the claimant must file with the comptroller's judiciary section:

   1. (1) an application for compensation provided for that purpose by the comptroller;
   2. (2) a verified copy of the pardon or court order justifying the application for compensation;
   3. (3) a statement provided by the Texas Department of Criminal Justice verifying the length of incarceration;
   4. (4) a certification of the claimant's actual innocence of the crime for which the claimant was sentenced that is signed by the attorney representing the state in the prosecution of felonies in the county in which the sentence was rendered; and
   5. (5) if the claimant is applying for compensation under Section 103.052(a)(2), a certified copy of each child support order under which child support payments became due during the time the claimant served in prison and copies of the official child support payment records described by Section 234.009, Family Code, for that period.

2. (a) To apply for compensation under this subchapter, the claimant must file with the comptroller's judiciary section:

   1. (1) an application for compensation provided for that purpose by the comptroller;
   2. (2) a verified copy of the pardon or court order justifying the application for compensation; and
   3. (3) a statement provided by the Texas Department of Criminal Justice verifying the length of incarceration.

3. (b) The comptroller shall determine:

   1. (1) the eligibility of the claimant; and
   2. (2) the amount of compensation owed to an eligible claimant.
4. (b-1) In determining the eligibility of a claimant, the comptroller shall consider only the verified copy of the pardon or court order filed by the claimant under Subsection (a). If the pardon or court order does not clearly indicate on its face that the pardon or the court order was granted or rendered on the basis of the claimant's actual innocence of the crime for which the claimant was sentenced, the comptroller shall deny the claim. The comptroller's duty to determine the eligibility of a claimant under this section is purely ministerial.
5. (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.
6. (d) If the comptroller denies the claim, the comptroller must state the reason for the denial. Not later than the 10th 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.
7. (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.

Added by Acts 2001, 77th Leg., ch. 1488, Sec. 1, eff. June 15, 2001.

Amended by Acts 2003, 78th Leg., ch. 1310, Sec. 1, eff. June 20, 2003.

Acts 2007, 80th Leg., R.S., Ch. 1190 (H.B. 814), Sec. 1, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch. 1388 (S.B. 1719), Sec. 2, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 5.003, eff. September 1, 2009.

Acts 2011, 82nd Leg., R.S., Ch. 1107 (S.B. 1686), Sec. 3, eff. September 1, 2011.