1-1     By:  Fraser                                           S.B. No. 1064
 1-2           (In the Senate - Filed March 9, 1999; March 11, 1999, read
 1-3     first time and referred to Committee on Economic Development;
 1-4     April 6, 1999, reported favorably by the following vote:  Yeas 5,
 1-5     Nays 0; April 6, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the appointment of an advisory committee to study
 1-9     unjustified double recovery in certain civil actions.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Title 6, Civil Practice and Remedies Code, is
1-12     amended by adding Chapter 145 to read as follows:
1-13       CHAPTER 145.  SUPREME COURT ADVISORY COMMITTEE ON TREATMENT OF
1-14                 COLLATERAL BENEFITS IN DAMAGE CALCULATIONS
1-15           Sec. 145.001.  DEFINITION.  In this chapter, "collateral
1-16     benefits" means an amount paid to or for the benefit of a claimant
1-17     in a civil lawsuit, or reasonably expected to be paid to or for the
1-18     benefit of a claimant in a civil lawsuit, as a result of the
1-19     personal injury, property damage, or death for which the claimant
1-20     seeks damages, that is paid or is expected to be paid under
1-21     insurance, contracts for health care services, or government
1-22     programs providing benefits.
1-23           Sec. 145.002.  APPOINTMENT OF ADVISORY COMMITTEE.  The
1-24     supreme court shall appoint an advisory committee of no less than
1-25     15 persons, including legislators, judges, lawyers, citizens,
1-26     representatives of the insurance industry, and a representative
1-27     appointed by the commissioner of insurance to assist the
1-28     legislature in determining whether this code or the Texas Rules of
1-29     Civil Procedure should be amended to authorize the admission of
1-30     evidence of collateral benefits paid to claimants in civil lawsuits
1-31     and to require the reduction of unjustified double recovery in
1-32     civil cases by the amount of collateral benefits paid to claimants
1-33     in civil lawsuits.  The committee shall be known as the Supreme
1-34     Court Advisory Committee on Collateral Benefits.
1-35           Sec. 145.003.  REPORT OF FINDINGS.  The Supreme Court
1-36     Advisory Committee on Collateral Benefits shall prepare a report of
1-37     its findings regarding unjustified double recovery of collateral
1-38     benefits and deliver copies of the report to the chief justice of
1-39     the supreme court, the lieutenant governor, and the speaker of the
1-40     house of representatives.
1-41           Sec. 145.004.  REVIEW OF RULES.  If the Supreme Court
1-42     Advisory Committee on Collateral Benefits makes recommendations
1-43     regarding unjustified double recovery of collateral benefits, the
1-44     supreme court shall review the Texas Rules of Civil Procedure to
1-45     determine changes needed to incorporate the committee's
1-46     recommendations.
1-47           SECTION 2.  This Act takes effect September 1, 1999.
1-48           SECTION 3.  The importance of this legislation and the
1-49     crowded condition of the calendars in both houses create an
1-50     emergency and an imperative public necessity that the
1-51     constitutional rule requiring bills to be read on three several
1-52     days in each house be suspended, and this rule is hereby suspended.
1-53                                  * * * * *