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 * * * * *