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.