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propose an expenditure or distribution of funds by a State
agency. Tex. Govt. Code Ann. sec. 317.002(b) (Vernon 2004).
They may make this proposal at any time that the Legislature is
not in session. Tex. Govt. Code Ann. sec. 317.003(a) (Vernon
2005).
In order to convince the LBB that an emergency existed,
petitioner and Augustine worked with Lieutenant Governor Bob
Bullock (Bullock), chairman of the LBB, and his staff.
Petitioner met with Bullock on a few occasions to inform him of
petitioner’s unsuccessful efforts to collect on his judgment and
his continued stress and failing health. In a letter dated
September 21, 1995, Augustine informed Bullock that petitioner
had authorized him to “propose a method of payment of the
judgment by the State of Texas in return for Mr. Green’s
execution of a Release of Judgment and withdrawal of liens”.
Augustine also informed Bullock that petitioner’s judgment had
reached $20,165,725.60 and would be accruing interest at a rate
of $5,524.86 per day.
A quorum of the LBB met on November 15, 1995. On that date,
at a public meeting, the LBB found that the existence of unpaid
monetary obligations of some State agencies created an emergency
requiring that those agencies be authorized to expend
appropriated funds to pay the obligations. The LBB proposed a
budget execution order that authorized TDHS to pay to petitioner:
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Last modified: May 25, 2011