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


Senate Research Center   S.B. 731
76R6452 DLF-FBy: Harris
Jurisprudence
3/26/1999
As Filed


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 attorney ad litem
appointments and for damages in certain personal injury suits. 

PURPOSE

As proposed, S.B. 731 sets forth guidelines in a suit for damages for
personal injury to certain persons. 

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.  ATTORNEY AD LITEM

Sec. 139.051.  APPLICATION OF NEXT FRIEND.  Authorizes a court, on the
application of the next friend of the claimant, to order the appointment of
an attorney ad litem for the claimant, if the court reaches certain
conclusions regarding the claimant. 

SUBCHAPTER C.  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.   

Sec. 139.103.  DUTIES OF GUARDIAN AD LITEM.  Sets forth duties of a
guardian ad litem who has been appointed by the court to participate in the
case as necessary to protect the interests of the claimant. 

 SECTION 2.Effective date: September 1, 1999.

SECTION 3.Makes application of this Act prospective.

SECTION 4.Emergency clause.