SRC-JBJ H.B. 2691 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 2691
76R14003 DLF-FBy: Counts (Harris)
Jurisprudence
5/11/1999
Engrossed


DIGEST 

Currently, a lump sum payment in compensation for serious personal injuries
may be dissipated, leaving the injured victim dependent on state and
federal assistance programs.  However, a structured settlement permits an
injury victim to continuously receive assured tax-free payments.  Since
structured settlements are intended to protect injury victims against
dissipation risks and potential tax liability, a structured settlement
recipient is prohibited by contract from transferring the payments and
ownership of the annuity contract under certain conditions.  H.B. 2691
would set forth procedures for the transfer of structured settlement
payment rights. 

PURPOSE

As proposed, H.B. 2691 authorizes the sale, assignment, or transfer of
structured settlements.   

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 Title 6, Civil Practice and Remedies Code, by adding
Chapter 140, as follows: 

CHAPTER 140.  STRUCTURED SETTLEMENT TRANSFERS

Sec. 140.001.  DEFINITIONS.  Defines "annuity issuer," "interested party,"
"periodic payments," "qualified assignment agreement," "responsible
administrative authority," "settled claim," "settlement recipient,"
"structured settlement," "structured settlement agreement," "structured
settlement obligor," "structured settlement payment rights," "transfer,"
"transfer recipient," and "transfer agreement." 

Sec. 140.002.  TRANSFERS OF STRUCTURED SETTLEMENT ARISING FROM CERTAIN
ACTIONS.  Provides that this section applies to any transfer of structured
settlement payment rights established by a judgment or settled claim
arising out of a civil action filed in certain courts or an administrative
proceeding of another state to resolve a claim for workers' compensation.
Prohibits the settlement from entering into a structured settlement
transfer agreement and transfer structured settlement payment rights to a
transfer recipient before certain dates.  Provides that the transfer of
rights made before the specified date is not effective and a structured
settlement obligor or annuity issuer is not required to make a payment to a
transfer recipient, unless the transfer has been approved by the original
court or certain other courts, based on certain findings regarding the
transfer.   

Sec. 140.003.  APPROVAL OF TRANSFERS.  Requires the transfer to be made by
the recipient and to be brought in certain court.  Requires the transfer
recipient to file with certain courts or authorities and each interested
party a notice of the proposed transfer, the application for authorization,
and certain other required information, by a certain date. Prohibits the
deadline provided under Subsection (b)(4) from being before the 15th day
after the date the notice is served.   

 Sec. 140.004.  DUTY TO INDEMNIFY.  Defines "loss."  Requires the recipient
to indemnify and hold harmless a settlement recipient against loss arising
out of the transfer of structured settlement payment rights.  Sets forth
the duties of indemnification.  Requires the settlement recipient to give
reasonable notice to the transfer recipient of certain rights and financial
claims, unless the transfer recipient has been served as a party or
otherwise has actual notice of the action in which the taxes, penalties, or
interest are imposed.   

Sec. 140.005.  TRANSFERS OF STRUCTURED SETTLEMENTS NOT ARISING FROM
JUDICIAL OR ADMINISTRATIVE ACTION.  Provides that this section applies to a
transfer of a structured settlement payment rights to which Section 140.002
does not apply. Establishes that the transfer of structured settlement
payment rights is not effective, and a structured  settlement obligor or
annuity issuer is not required to make a payment to any transfer recipient,
unless the transfer and transfer recipient have complied with certain
requirements.  Authorizes a settlement recipient of a structured settlement
to rescind and cancel without penalty or further obligation, an agreement
to transfer the rights before a certain date.  Authorizes the settlement
recipient to cancel the agreement by giving notice to the transfer
recipient by a certain date of the agreement.  Provides that a transfer to
which this section applies is void and unenforceable unless the
requirements of this section are satisfied. 

Sec. 140.006.  WAIVER; PENALTIES.  Prohibits the provisions of this chapter
from being waived.  Prohibits the settlement recipient from incurring any
penalty or other adverse consequences to the proposed transfer recipient
based on any failure of the transfer to satisfy the conditions of Section
140.002.   

Sec. 140.007.  CONSTRUCTION.  Prohibits this chapter from being construed
to authorize a transfer of structured settlement payment rights in
contravention of applicable law or to give effect to any transfer of
structured settlement payment rights that is invalid under applicable law. 

SECTION 2.  Amends Section 25.0003, Government Code, by adding Subsection
(f), to provide that a statutory court has jurisdiction in cases brought
under Chapter 140., Civil Practice and Remedies Code. 

SECTION 3.Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 4. Emergency clause.