By Harris S.B. No. 731 76R6452 DLF-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to suits for damages for personal injury to certain 1-3 persons. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Title 6, Civil Practice and Remedies Code, is 1-6 amended by adding Chapter 139 to read as follows: 1-7 CHAPTER 139. PERSONAL INJURY TO CERTAIN PERSONS 1-8 SUBCHAPTER A. GENERAL PROVISIONS 1-9 Sec. 139.001. DEFINITIONS. In this chapter: 1-10 (1) "Claimant" means a person described by Section 1-11 139.002(1) or (2) who makes a claim to which this chapter applies. 1-12 (2) "Incapacitated person" has the meaning assigned by 1-13 Section 601, Texas Probate Code. 1-14 Sec. 139.002. SCOPE OF CHAPTER. This chapter applies only 1-15 to a suit on a claim for damages arising from personal injury: 1-16 (1) to an incapacitated person; or 1-17 (2) in which the personal injury has resulted in 1-18 the substantial disablement of the injured person. 1-19 (Sections 139.003-139.050 reserved for expansion 1-20 SUBCHAPTER B. ATTORNEY AD LITEM 1-21 Sec. 139.051. APPLICATION OF NEXT FRIEND. On the 1-22 application of the next friend of the claimant, a court may order 1-23 the appointment of an attorney ad litem for the claimant if the 1-24 court finds that: 2-1 (1) any guardian ad litem appointed for the claimant 2-2 is not adequately performing the guardian's duties on behalf of the 2-3 claimant; or 2-4 (2) the claimant would otherwise be benefited by the 2-5 appointment of the attorney ad litem. 2-6 (Sections 139.052-139.100 reserved for expansion 2-7 SUBCHAPTER C. STRUCTURED SETTLEMENT OFFER 2-8 Sec. 139.101. WRITTEN OFFER REQUIRED. An offer of 2-9 structured settlement made after a suit to which this chapter 2-10 applies has been filed must be: 2-11 (1) made in writing; and 2-12 (2) presented to the attorney for the claimant. 2-13 Sec. 139.102. PRESENTATION TO CLAIMANT. (a) As soon as 2-14 practicable after receiving the offer under Section 139.101, but 2-15 not later than any expiration date that may accompany the quotation 2-16 that outlines the terms of the structured settlement offered, the 2-17 attorney receiving the offer shall present the offer to the 2-18 claimant or the claimant's personal representative. 2-19 (b) To the extent reasonably necessary to permit the 2-20 claimant or the claimant's personal representative to make an 2-21 informed decision regarding the acceptance or rejection of a 2-22 proposed structured settlement, the attorney shall advise the 2-23 claimant or the claimant's personal representative with respect to: 2-24 (1) the terms, conditions, and other attributes of the 2-25 proposed structured settlement; and 2-26 (2) the appropriateness of the structured settlement 2-27 under the circumstances. 3-1 Sec. 139.103. DUTIES OF GUARDIAN AD LITEM. A guardian ad 3-2 litem who has been appointed by the court to participate in the 3-3 case as necessary to protect the interests of the claimant: 3-4 (1) owes to the claimant a fiduciary duty of 3-5 integrity, loyalty, and the utmost good faith; and 3-6 (2) shall obtain, before any structured settlement 3-7 offer is accepted, competent counsel from a person qualified to: 3-8 (A) analyze and explain structured settlement 3-9 offers; and 3-10 (B) make suggestions for tailoring the 3-11 structured settlement to meet the needs of the claimant. 3-12 SECTION 2. This Act takes effect September 1, 1999. 3-13 SECTION 3. This Act applies only to a suit filed on or after 3-14 the effective date of this Act. A suit filed before the effective 3-15 date of this Act is governed by the law as it existed immediately 3-16 before that date and that law is continued in effect for this 3-17 purpose. 3-18 SECTION 4. The importance of this legislation and the 3-19 crowded condition of the calendars in both houses create an 3-20 emergency and an imperative public necessity that the 3-21 constitutional rule requiring bills to be read on three several 3-22 days in each house be suspended, and this rule is hereby suspended.