By: Fraser S.B. No. 1064 99S0722/1 A BILL TO BE ENTITLED AN ACT 1-1 relating to the appointment of an advisory committee to study 1-2 unjustified double recovery in certain civil 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 145 to read as follows: 1-6 CHAPTER 145. SUPREME COURT ADVISORY COMMITTEE ON TREATMENT OF 1-7 COLLATERAL BENEFITS IN DAMAGE CALCULATIONS 1-8 Sec. 145.001. DEFINITION. In this chapter, "collateral 1-9 benefits" means an amount paid to or for the benefit of a claimant 1-10 in a civil lawsuit, or reasonably expected to be paid to or for the 1-11 benefit of a claimant in a civil lawsuit, as a result of the 1-12 personal injury, property damage, or death for which the claimant 1-13 seeks damages, that is paid or is expected to be paid under 1-14 insurance, contracts for health care services, or government 1-15 programs providing benefits. 1-16 Sec. 145.002. APPOINTMENT OF ADVISORY COMMITTEE. The 1-17 supreme court shall appoint an advisory committee of no less than 1-18 15 persons, including legislators, judges, lawyers, citizens, 1-19 representatives of the insurance industry, and a representative 1-20 appointed by the commissioner of insurance to assist the 1-21 legislature in determining whether this code or the Texas Rules of 1-22 Civil Procedure should be amended to authorize the admission of 1-23 evidence of collateral benefits paid to claimants in civil lawsuits 1-24 and to require the reduction of unjustified double recovery in 2-1 civil cases by the amount of collateral benefits paid to claimants 2-2 in civil lawsuits. The committee shall be known as the Supreme 2-3 Court Advisory Committee on Collateral Benefits. 2-4 Sec. 145.003. REPORT OF FINDINGS. The Supreme Court 2-5 Advisory Committee on Collateral Benefits shall prepare a report of 2-6 its findings regarding unjustified double recovery of collateral 2-7 benefits and deliver copies of the report to the chief justice of 2-8 the supreme court, the lieutenant governor, and the speaker of the 2-9 house of representatives. 2-10 Sec. 145.004. REVIEW OF RULES. If the Supreme Court 2-11 Advisory Committee on Collateral Benefits makes recommendations 2-12 regarding unjustified double recovery of collateral benefits, the 2-13 supreme court shall review the Texas Rules of Civil Procedure to 2-14 determine changes needed to incorporate the committee's 2-15 recommendations. 2-16 SECTION 2. This Act takes effect September 1, 1999. 2-17 SECTION 3. The importance of this legislation and the 2-18 crowded condition of the calendars in both houses create an 2-19 emergency and an imperative public necessity that the 2-20 constitutional rule requiring bills to be read on three several 2-21 days in each house be suspended, and this rule is hereby suspended.