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; and
   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.

2. (b) The comptroller shall determine:

   1. (1) the eligibility of the claimant; and
   2. (2) the amount of compensation owed to an eligible claimant.
3. (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.
4. (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.
5. (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 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.