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.