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