SRC-SLL, JBJ S.B. 731 76(R)BILL ANALYSIS


Senate Research CenterS.B. 731
By: Harris
Jurisprudence
8/16/1999
Enrolled


DIGEST 

Currently, no clear requirements exist for an attorney to convey
information on personal injury settlements.  The lack of clarity serves
inadvertently to force a client to accept a settlement that may not be in
the client's best interest.  Setting forth certain time periods, conditions
under which an attorney is appointed, and procedures under which a
structured settlement is presented may help a client make an informed
decision.  S.B. 731 sets forth guidelines for structured settlements in
certain personal injury suits. 

PURPOSE

As enrolled, S.B. 731 sets forth guidelines for structured settlements 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 Title 6, Civil Practice and Remedies Code, by adding
Chapter 139, as follows: 

CHAPTER 139.  PERSONAL INJURY TO CERTAIN PERSONS 

SUBCHAPTER A.  GENERAL PROVISIONS

 Sec. 139.001.  DEFINITIONS.  Defines "claimant" and "incapacitated person."

Sec. 139.002.  SCOPE OF CHAPTER.  Sets forth the scope of this chapter
regarding a suit on a claim for damages arising from personal injury. 

SUBCHAPTER B.  STRUCTURED SETTLEMENT OFFER

Sec. 139.101.  WRITTEN OFFER REQUIRED.  Sets forth requirements for an
offer of structured settlement made after a suit. 

Sec. 139.102.  PRESENTATION TO CLAIMANT.  Requires the attorney receiving
the offer to present the offer within a certain date to the claimant or the
claimant's personal representative.  Requires the attorney, to the extent
necessary to make an informed decision, to advise the claimant or the
claimant's personal representative of certain conditions and
appropriateness of the settlement.   

SECTION 2.Effective date: September 1, 1999.
             Makes application of this Act prospective.

SECTION 3.Emergency clause.