By: Harris S.B. No. 883 97S0567/1 A BILL TO BE ENTITLED AN ACT 1-1 relating to structured settlement offers in certain personal injury 1-2 suits. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Chapter 30, Civil Practice and Remedies Code, is 1-5 amended by adding Section 30.011 to read as follows: 1-6 Sec. 30.011. STRUCTURED SETTLEMENT OFFERS IN CERTAIN 1-7 PERSONAL INJURY SUITS. (a) This section applies only to a suit 1-8 for damages arising from personal injury to minors, incapacitated 1-9 persons, or in which the personal injury has resulted in the 1-10 substantial disablement of the person injured. 1-11 (b) On or after the commencement of the suit, if the 1-12 defendant makes an offer of settlement, it must be made in writing 1-13 and the offer presented to: 1-14 (1) the attorney for the plaintiff; and 1-15 (2) if the suit is brought on behalf of the injured 1-16 person, any attorney representing the injured person. 1-17 (c) As soon as practicable after receiving the offer of 1-18 settlement from the defendant, but not later than any expiration 1-19 date which may accompany the quotation which outlines the terms of 1-20 the structured settlement offered, the attorney receiving the offer 1-21 must present the offer to the injured person or their personal 1-22 representative. The attorney must provide competent advice and 1-23 counsel regarding the terms, conditions, and attributes of the 2-1 proposed structured settlement as well as the appropriateness of 2-2 accepting a structured settlement under the circumstances. 2-3 (d) The value of the settlement shall be the actual cost of 2-4 the total settlement. 2-5 (e) If a guardian ad litem has been appointed by the court 2-6 to participate in the case to the extent necessary to adequately 2-7 protect the interests of a minor or incompetent, the guardian ad 2-8 litem's fiduciary duty to the minor or incompetent is one of 2-9 integrity, loyalty, and the utmost good faith. As such, it is the 2-10 guardian ad litem's duty to obtain competent counsel from a person 2-11 qualified to analyze and explain structured settlement offers and 2-12 to make suggestions for tailoring the offer to meet the needs of 2-13 the minor or incompetent before the offer is accepted. 2-14 SECTION 2. This Act applies only to a suit commenced on or 2-15 after the effective date of this Act. A suit commenced before the 2-16 effective date of this Act is governed by the law applicable to the 2-17 suit immediately before the effective date of this Act, and that 2-18 law is continued in effect for that purpose. 2-19 SECTION 3. The importance of this legislation and the 2-20 crowded condition of the calendars in both houses create an 2-21 emergency and an imperative public necessity that the 2-22 constitutional rule requiring bills to be read on three several 2-23 days in each house be suspended, and this rule is hereby suspended, 2-24 and that this Act take effect and be in force from and after its 2-25 passage, and it is so enacted.