SRC-AAA S.B. 883 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 883
By: Harris
Jurisprudence
3-25-97
As Filed


DIGEST 

Currently, there are no clear requirements for an attorney to convey
information on certain settlements in some court cases.  This may force
the client to accept a lump sum settlement, which may be in the attorney's
best interest, but not the client's.  This bill clarifies time periods and
procedures under which structured settlements are to be presented to a
client or representative.  

PURPOSE

As proposed, S.B. 883 clarifies the law as to structured settlement offers
in certain personal injury suits. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 30, Civil Practice and Remedies Code, by adding
Section 30.011, as follows: 

Sec. 30.011. STRUCTURED SETTLEMENT OFFERS IN CERTAIN PERSONAL INJURY
SUITS.  Sets forth the applicability of this section. Sets forth
requirements for a defendant's written offer of settlement. Sets forth
requirements for an attorney receiving a written offer of settlement from
a defendant.  Requires the value of the settlement to be the actual cost
of the total settlement.  Sets forth the duties of a guardian ad litem. 

SECTION 2. Makes application of this Act prospective.

SECTION 3. Emergency clause.
  Effective date: upon passage.