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. 1-51 * * * * *