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.