The Law mandates the Legislature provide restitution to those improperly fines and imprisones. By mandate is meant it is not optional. It is discretionary. There is no excuse to deprive a victim of government malfeasance of restitution.

From the ancient to the more recent

• 7th Century B.C. 2,700 years ago. The Law of Moses -Among others see that The laws apply to all people, even the kings. (17:18-20)
  
• 12 Century, 800 years ago. The Great Charter of Liberties (Magna Carta). Among others see:

(52) To any man whom we have deprived or dispossessed of lands, castles, liberties, or rights, without the lawful judgment of his equals, we will at once restore these.

(55) All fines that have been given to us unjustly and against the law of the land, and all fines that we have exacted unjustly, shall be entirely remitted (The “we” referred to is the King and the Barrons. ie; The government of the day, the Rulers, the 'Sovereign').

• The US Constitution: 5th & 14th Amendments
  
• The Texas Constitution 1836 / 1875:

Bill of Rights, Article I, Section 13.    All courts shall be open, and every person for an injury done him, in his lands, goods, person or reputation, shall have remedy by due course of law.

Sec. 29 of Art. I: To guard against transgressions of the high powers herein delegated, we declare that everything in this "Bill of Rights" is excepted out of the general powers of government, and shall forever remain inviolate, and all laws contrary thereto shall be void.

International Law:

 Ratified by U.S. in 1992 it is now, pursuant to our US Constitution, part of the supreme Law of the Land. Article 14 (6). When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him.

Supremacy Clause; Article VI of the Constitution of the United States: This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.
The Senators and Representatives before mentioned and the members of the several state legislatures and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution;

• The Texas Constitution by Amendment 1956

Sec. 51-c. AID OR COMPENSATION TO PERSONS IMPROPERLY FINED OR IMPRISONED. The Legislature may grant aid and compensation to any person who has heretofore paid a fine or served a sentence in prison, or who may hereafter pay a fine or serve a sentence in prison, under the laws of this State for an offense for which he or she is not guilty, under such regulations and limitations as the Legislature may deem expedient. (Added Nov. 6, 1956.)