1-1  By:  Harris                                           S.B. No. 1409
    1-2        (In the Senate - Filed March 13, 1995; March 20, 1995, read
    1-3  first time and referred to Committee on Economic Development;
    1-4  April 28, 1995, reported favorably, as amended, by the following
    1-5  vote:  Yeas 9, Nays 0; April 28, 1995, sent to printer.)
    1-6  COMMITTEE AMENDMENT NO. 1                               By:  Harris
    1-7  Amend S.B. No. 1409 in SECTION 1, by striking proposed Section
    1-8  30.009(c), Civil Practice and Remedies Code (page 1, lines 16-18;
    1-9  committee printing page 1, lines 31-33), and substituting a new
   1-10  Section 30.009(c), Civil Practice and Remedies Code, to read as
   1-11  follows:
   1-12        (c)  Not later than the 10th day after the date the offer of
   1-13  settlement is received from the defendant, the attorney receiving
   1-14  the offer must present the offer to the injured person.
   1-15                         A BILL TO BE ENTITLED
   1-16                                AN ACT
   1-17  relating to settlement offers in certain personal injury suits.
   1-18        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-19        SECTION 1.  Chapter 30, Civil Practice and Remedies Code, is
   1-20  amended by adding Section 30.009 to read as follows:
   1-21        Sec. 30.009.  SETTLEMENT OFFERS IN CERTAIN PERSONAL INJURY
   1-22  SUITS.  (a)  This section applies only to a suit for damages
   1-23  arising from personal injury in which the personal injury has
   1-24  resulted in the substantial disablement of the person injured.
   1-25        (b)  On or after the commencement of the suit, the defendant
   1-26  must make any offer of settlement in writing and present the offer
   1-27  to:
   1-28              (1)  the attorney for the plaintiff; and
   1-29              (2)  if the suit is brought on behalf of the injured
   1-30  person, any attorney representing the injured person.
   1-31        (c)  Not later than 24 hours after receiving the offer of
   1-32  settlement from the defendant, the attorney receiving the offer
   1-33  must present the offer to the injured person.
   1-34        (d)  An attorney representing an injured person shall
   1-35  evaluate a settlement offer solely to determine whether it meets
   1-36  the needs and protects the interests of the injured person,
   1-37  including the need for a structured settlement, without regard to
   1-38  the amount of the fee the attorney will receive.
   1-39        SECTION 2.  This Act applies only to a suit commenced on or
   1-40  after the effective date of this Act.  A suit commenced before the
   1-41  effective date of this Act is governed by the law applicable to the
   1-42  suit immediately before the effective date of this Act, and that
   1-43  law is continued in effect for that purpose.
   1-44        SECTION 3.  The importance of this legislation and the
   1-45  crowded condition of the calendars in both houses create an
   1-46  emergency and an imperative public necessity that the
   1-47  constitutional rule requiring bills to be read on three several
   1-48  days in each house be suspended, and this rule is hereby suspended,
   1-49  and that this Act take effect and be in force from and after its
   1-50  passage, and it is so enacted.
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