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Senate Bill 561 |
Senate Author: Carona |
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Effective: 6-15-07 |
House Sponsor: Smithee |
Senate Bill 561 amends the Local Government Code to provide that, in a third party recovery action, a payor of employee benefits is entitled to 15 percent to 30 percent of the covered individual's total recovery or the total cost of employee benefits paid by the payor as a direct result of the tortious conduct of the third party, but not greater than the amount recovered by the individual. A covered individual is allowed to bring an action for declaratory judgment to challenge the amount of pro rata recovery due to the payor of benefits. The bill includes an exception to its provisions.