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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of an electronic database for |
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settlement agreements for certain suits involving minors or |
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incapacitated persons; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 72, Government Code, is |
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amended by adding Section 72.034 to read as follows: |
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Sec. 72.034. SETTLEMENT AGREEMENT DATABASE. (a) The |
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office shall establish and maintain an electronic database that |
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contains personal injury or wrongful death settlement agreements |
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for which a minor or incapacitated person is the beneficiary. A |
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party to the agreement or a guardian, next friend, or guardian ad |
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litem may record the agreement in the database. Only one copy of an |
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agreement may be filed by the parties or the guardian, next friend, |
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or guardian ad litem in each settlement agreement. |
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(b) A settlement agreement recorded in the database is |
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confidential, and the office shall ensure that a settlement |
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agreement may be accessed only by: |
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(1) the parties to the settlement agreement; |
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(2) each attorney representing a party to the |
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settlement agreement; or |
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(3) the guardian, next friend, or guardian ad litem of |
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a party to the settlement agreement. |
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(c) The office may set and collect a fee to record a |
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settlement agreement in the database in an amount sufficient to |
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cover the costs of maintaining the agreement in the database, not to |
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exceed $50 for each agreement. |
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(d) Any fee to record a settlement agreement in the database |
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established by the office as provided by Subsection (c) is a court |
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cost to be included for payment in the settlement agreement. |
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SECTION 2. The change in law made by this Act applies to a |
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suit filed on behalf of a minor or incapacitated person that is |
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pending in a trial court on the effective date of this Act or that is |
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filed on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2019. |