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A BILL TO BE ENTITLED
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AN ACT
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relating to certain limitations on settlement agreements with a |
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governmental unit. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 5, Civil Practice and Remedies Code, is |
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amended by adding Chapter 112 to read as follows: |
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CHAPTER 112. LIMITATION ON SETTLEMENT OF CLAIM OR ACTION AGAINST A |
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GOVERNMENTAL UNIT |
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Sec. 112.001. CERTAIN LIMITATIONS ON SETTLEMENT BY A |
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GOVERNMENTAL UNIT. (a) In this chapter, "governmental unit" has |
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the meaning assigned by Section 101.001. |
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(b) The attorney general or another attorney representing a |
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governmental unit may not enter into a settlement of a claim or |
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action against the governmental unit in which the amount of the |
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settlement is greater than or equal to $30,000 and a condition of |
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the settlement requires a party seeking affirmative relief against |
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the governmental unit to agree not to disclose any fact, |
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allegation, evidence, or other matter to any other person, |
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including a journalist or other member of the media. A settlement |
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agreement in violation of this chapter is void and unenforceable. |
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(c) This chapter does not affect information that is |
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privileged or confidential under other law. |
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SECTION 2. The change in law made by this Act applies to the |
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settlement of a claim or action with respect to which the cause of |
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action on which the claim or action is based accrues on or after the |
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effective date of this Act. A claim or action with respect to which |
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the cause of action on which the claim or action is based accrues |
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before the effective date of this Act is governed by the law in |
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effect immediately before that date, and that law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2013. |