AN ACT 1-1 relating to structured settlements in certain personal injury 1-2 actions. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Title 6, Civil Practice and Remedies Code, is 1-5 amended by adding Chapter 139 to read as follows: 1-6 CHAPTER 139. PERSONAL INJURY TO CERTAIN PERSONS 1-7 SUBCHAPTER A. GENERAL PROVISIONS 1-8 Sec. 139.001. DEFINITIONS. In this chapter: 1-9 (1) "Claimant" means a person described by Section 1-10 139.002 (1) or (2) who makes a claim to which this chapter applies. 1-11 (2) "Incapacitated person" has the meaning assigned by 1-12 Section 601, Texas Probate Code. 1-13 Sec. 139.002. SCOPE OF CHAPTER. This chapter applies only 1-14 to a suit on a claim for damages arising from personal injury: 1-15 (1) to an incapacitated person; or 1-16 (2) in which the personal injury has resulted in the 1-17 substantial disablement of the injured person. 1-18 (Sections 139.003-139.100 reserved for expansion 1-19 SUBCHAPTER B. STRUCTURED SETTLEMENT OFFER 1-20 Sec. 139.101. WRITTEN OFFER REQUIRED. An offer of 1-21 structured settlement made after a suit to which this chapter 1-22 applies has been filed must be: 1-23 (1) made in writing; and 1-24 (2) presented to the attorney for the claimant. 2-1 Sec. 139.102. PRESENTATION TO CLAIMANT. (a) As soon as 2-2 practicable after receiving the offer under Section 139.101, but 2-3 not later than any expiration date that may accompany the quotation 2-4 that outlines the terms of the structured settlement offered, the 2-5 attorney receiving the offer shall present the offer to the 2-6 claimant or the claimant's personal representative. 2-7 (b) To the extent reasonably necessary to permit the 2-8 claimant or the claimant's personal representative to make an 2-9 informed decision regarding the acceptance or rejection of a 2-10 proposed structured settlement, the attorney shall advise the 2-11 claimant or the claimant's personal representative with respect to: 2-12 (1) the terms, conditions, and other attributes of the 2-13 proposed structured settlement; and 2-14 (2) the appropriateness of the structured settlement 2-15 under the circumstances. 2-16 SECTION 2. This Act takes effect September 1, 1999, and 2-17 applies only to a suit filed on or after the effective date of this 2-18 Act. A suit filed before the effective date of this Act is 2-19 governed by the law as it existed immediately before that date, and 2-20 that law is continued in effect for this purpose. 2-21 SECTION 3. The importance of this legislation and the 2-22 crowded condition of the calendars in both houses create an 2-23 emergency and an imperative public necessity that the 2-24 constitutional rule requiring bills to be read on three several 2-25 days in each house be suspended, and this rule is hereby suspended. _______________________________ _______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 731 passed the Senate on April 8, 1999, by the following vote: Yeas 30, Nays 0; and that the Senate concurred in House amendments on May 28, 1999, by the following vote: Yeas 30, Nays 0. _______________________________ Secretary of the Senate I hereby certify that S.B. No. 731 passed the House, with amendments, on May 26, 1999, by a non-record vote. _______________________________ Chief Clerk of the House Approved: _______________________________ Date _______________________________ Governor