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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 116 to read as follows: |
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CHAPTER 116. LIMITATION ON SETTLEMENT OF CLAIM OR ACTION AGAINST A |
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GOVERNMENTAL UNIT |
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Sec. 116.001. 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) A state or local governmental unit may not enter into a |
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settlement of a claim or action against the governmental unit in |
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which: |
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(1) the amount of the settlement is equal to or greater |
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than $30,000; and |
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(2) a condition of the settlement requires a party |
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seeking affirmative relief against the governmental unit to agree |
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not to disclose any fact, allegation, evidence, or other matter to |
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any other person, including a journalist or other member of the |
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media. |
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(c) A governmental unit may not disclose the personal |
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information of a party seeking affirmative relief unless the party |
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agrees to the disclosure. |
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(d) A settlement agreement in violation of Subsection |
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(b)(2) is void and unenforceable. |
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(e) 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, 2015. |