SRC-SEW C.S.S.B. 277 77(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 277
77R5387 AJA-FBy: Harris
Jurisprudence
3/27/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, under a structured settlement, a person receives damage payments
periodically for personal injuries or sickness.  Sometimes, the person
entitled to these payments sells the rights to the payments to a third
party in return for a lump sum at a reduced amount.  This practice is not
always in the best interest of the injured person.  C.S.S.B. 277 requires
the court of original jurisdiction to approve such a transfer of payments
and sets forth guidelines regarding such a transfer. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 6, Civil Practice and Remedies code, by adding
Chapter 141, as follows: 

CHAPTER 141.  STRUCTURED SETTLEMENT PROTECTION ACT

Sec. 141.001.  SHORT TITLE.  Authorizes this chapter to be cited as the
Structured Settlement Protection Act. 

Sec. 141.002. DEFINITIONS.  Defines "annuity issuer," "court,"
"dependents," "discounted present value," "gross advance amount,"
"independent professional," "interested party," "net advance amount,"
"payee," "periodic payments," "qualified assignment agreement, "settled
claim," "structured settlement," "structured settlement agreement,"
"structured settlement obligor," "structured settlement payment rights,"
"terms of the structured settlement," "transfer," "transfer agreement,"
"transfer expenses," and "transferee."    

Sec.141.003.  REQUIRED DISCLOSURES TO PAYEE.  Requires the transferee, at
least three days before the date on which the payee (rather than the
settlement recipient) signs a transfer agreement, to provide to the payee a
separate disclosure statement, in bold type at least 14 points in size,
that makes certain statements.  

Sec.  141.004.  APPROVAL OF TRANSFERS OF STRUCTURED SETTLEMENT PAYMENT
RIGHTS.  Prohibits any direct or indirect transfer of structured settlement
payment rights from being effective and prohibits any structured settlement
obligor or annuity issuer from being required to make any payment directly
or indirectly to any transferee of structured settlement payment rights
unless the transfer has been approved in advance in a final court order
based upon certain express findings by the court. 

Sec.  141.005.  EFFECTS OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT
RIGHTS.  Sets forth guidelines regarding liability, division of periodic
payments, and further transfer of structured settlement payment rights
following a transfer of structured settlement payment rights under this
chapter. 
 
Sec. 141.006.  PROCEDURE FOR APPROVAL OF TRANSFERS.  (a) Requires that the
transferee apply under this chapter for approval of a transfer of
structured settlement payment rights and requires the application to be
brought in the court. 

(b) Requires the transferee recipient, at least 20 days before the date of
the scheduled hearing on an application for approval of a transfer of
structured settlement payment rights under Section 141.004, to file with
the court and serve on all interested parties, a notice of the proposed
transfer and the application for authorization, including certain features. 

(c) Requires written responses to the application under Subsection (b)(6)
to be filed on or by a certain date. 


Sec.  141.007.  GENERAL PROVISIONS; CONSTRUCTION.  (a) Prohibits the
provisions of this chapter from being waived by any payee.   

(b) Requires any transfer agreement entered into by a payee who resides in
this state to provide that disputes under the transfer agreement, including
certain claims of breach of agreement, be determined in and under the laws
of this state.  Prohibits the transfer agreement from authorizing the
transferee or any other party to confess judgment or consent to entry of
judgment against the payee.   

(c) Prohibits transfer of structured settlement payment rights from being
extended to any payments that are life-contingent except under certain
conditions.   

(d) Prohibits a payee who proposes to make a transfer of structured
settlement payment rights from incurring any penalty, forfeiting any
application fee or other payment, or otherwise incurring any liability to
the proposed transferee or any assignee based on any failure of the
transfer to satisfy the conditions of this chapter. 

(e) Prohibits anything in this chapter from being construed to authorize a
transfer of structured settlement payment rights in contravention of any
law or to imply that any transfer under a transfer agreement entered into
before the effective date of this chapter is valid or invalid. 

(f) Provides that compliance with the requirements in Section 141.003 and
fulfillment of the conditions in Section 141.004 are solely the
responsibility of the transferee in any transfer of structured settlement
payment rights, and neither the structured settlement obligor nor the
annuity issuer bear any responsibility for, or any liability arising from,
noncompliance with the requirements or failure to fulfill the conditions. 

SECTION 2. Effective date:  September 1, 2001. 
  Makes application of this Act prospective.

SUMMARY OF COMMITTEE CHANGES

Amends As Filed S.B. 277, as follows:

SECTION 1.  Differs from original as follows:

CHAPTER 141.  STRUCTURED SETTLEMENT PROTECTION ACT (rather than STRUCTURED
SETTLEMENT TRANSFERS) 

Sec. 141.001.  SHORT TITLE.  Omits text from original proposed Section
141.001.  Authorizes this chapter to be cited as the Structured Settlement
Protection Act. 

Sec.  141.002.  DEFINITIONS.  (rather than TRANSFERS OF STRUCTURED
SETTLEMENTS ARISING FROM CERTAIN ACTIONS).  Omits original proposed Section
141.002. Redesignates text from original proposed Section 141.001.
Redefines "annuity issuer," "interested party," "periodic payments,"
"structured settlement," "structured settlement obligor," "structured
settlement payment rights," and "transfer."  Defines "court," "dependents,"
"discounted present value," "gross advance amount," "independent
professional advice," "net advance amount," "payee," "terms of the
structured settlement," "transfer expenses," and "transferee."  Omits the
terms "responsible administrative authority," "settlement recipient," and
"transfer recipient."  

Sec.  141.003.  REQUIRED DISCLOSURES TO PAYEE.  (rather than APPROVAL OF
TRANSFERS). Redesignates some text from original proposed Section
141.002(c)(2) requiring the transferee, at least three days before the date
on which the payee (rather than the settlement recipient) signs a transfer
agreement, to provide to the payee a separate disclosure statement, in bold
type at least 14 points in size, that makes certain statements.  Omits
original proposed Section 141.003.   

Sec.  141.004.  APPROVAL OF TRANSFERS OF STRUCTURED SETTLEMENT PAYMENT
RIGHTS (rather than DUTY TO INDEMNIFY).  Omits original proposed Section
141.004.  Prohibits any direct or indirect transfer of structured
settlement payment rights from being effective and prohibits any structured
settlement obligor or annuity issuer from being required to make any
payment directly or indirectly to any transferee of structured settlement
payment rights unless the transfer has been approved in advance in a final
court order based upon certain express findings by the court. 

Sec.  141.005.  EFFECTS OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS
(rather than TRANSFERS OF STRUCTURED SETTLEMENTS NOT ARISING FROM JUDICIAL
OR ADMINISTRATIVE ACTION).  Omits original proposed Section 141.005.  Sets
forth guidelines regarding liability, division of periodic payments, and
further transfer of structured settlement payment rights following a
transfer of structured settlement payment rights under this chapter. 

Sec. 141.006.  PROCEDURE FOR APPROVAL OF TRANSFERS (rather than WAIVER;
PENALTIES).  Omits original proposed Section 141.006.  Redesignates text
from original proposed Section 141.003.  Requires that the transferee
(rather than the transferee recipient) apply under this chapter (rather
than Section 141.002) for approval (rather than authorization) of a
transfer of structured settlement payment rights and requires the
application to be brought in the court.  Omits text regarding appropriate
courts or other administrative authorities.  Makes conforming changes to
redesignated text and changes the items required to accompan the filed
notice. 

Sec.  141.007.  GENERAL PROVISIONS; CONSTRUCTION (rather than
CONSTRUCTION).  Redesignates text from original proposed Section 141.006
regarding waivers, penalties, forfeitures, and liabilities, and makes
conforming changes.  

Requires any transfer agreement entered into by a payee who resides in this
state to provide that disputes under the transfer agreement, including
certain claims of breach of agreement, be determined in and under the laws
of this state.  Prohibits the transfer agreement from authorizing the
transferee or any other party to confess judgment or consent to entry of
judgment against the payee.  Prohibits transfer of structured settlement
payment rights from being extended to any payments that are life-contingent
except under certain conditions.   

Redesignates some text from original proposed Section 141.007 regarding
contravention of law  and agreements entered into before the effective date
of this chapter.   

Provides that compliance with the requirements in Section 141.003 and
fulfillment of the conditions in Section 141.004 are solely the
responsibility of the transferee in any transfer of structured settlement
payment rights, and neither the structured settlement obligor nor the
annuity issuer bear any responsibility for, or any liability arising from,
noncompliance with the requirements or failure to fulfill the conditions 

SECTION 2.  Omits original proposed SECTION 2 amending Section 25.0003,
Government Code, by adding Subsection (g) to provide that a statutory
county court has jurisdiction in cases brought under Chapter 141, Civil
Practice and Remedies Code.  Redesignates text from original proposed
SECTION 3 providing the effective date and making application of this Act
prospective.