82R22699 CAE-F
By: Madden H.B. No. 2031
Substitute the following for H.B. No. 2031:
By: Lewis C.S.H.B. No. 2031
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of a voluntary compensation plan as a
method of alternative dispute resolution.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 7, Civil Practice and Remedies Code, is
amended by adding Chapter 160 to read as follows:
CHAPTER 160. VOLUNTARY COMPENSATION PLANS
Sec. 160.001. DEFINITIONS. In this chapter:
(1) "Claim" means a request to obtain compensation
from a voluntary compensation plan.
(2) "Claimant" means a person making a claim.
(3) "Legitimate claim" means a claim that, in the plan
administrator's opinion, likely would result in the claimant
recovering damages from the plan creator if the claim was asserted
in a civil action by the claimant against the plan creator.
(4) "Plan administrator" means an individual a
claimant can contact to obtain information about or compensation
from a voluntary compensation plan. There may be more than one plan
administrator.
(5) "Plan creator" means a person who establishes a
voluntary compensation plan under this chapter.
(6) "Potentially liable person" means a person against
whom a civil action for damages for injury, death, or property
damage might be filed by a claimant.
(7) "Voluntary compensation plan" means a plan
established under this chapter to compensate a claimant for damages
for injury, death, or property damage that may have been caused by
the plan creator.
Sec. 160.002. ESTABLISHING A PLAN. (a) A potentially
liable person, acting individually or with another potentially
liable person, may establish a voluntary compensation plan under
this chapter at any time.
(b) A voluntary compensation plan is established for
purposes of this chapter when the plan creator has both published
and posted a notice as required by Subsections (c) and (d).
(c) A plan creator must publish a notice of the
establishment of a voluntary compensation plan in a newspaper of
record in the county in which the plan creator has the plan
creator's principal office or principal place of business in this
state and in a newspaper in the county in this state where the acts
or omissions giving rise to the establishment or potential
establishment of the plan occurred. The notice must be at least 20
column inches in size, must state that the plan creator has
established a plan, and must contain the information required by
Sections 160.004(a)(1), (2), (3), and (4).
(d) A plan creator must post a notice of the establishment
of a voluntary compensation plan on the plan creator's Internet
website. The notice must state that the plan creator has
established a plan, contain the information required by Sections
160.004(a)(1), (2), (3), and (4), and provide a link to a website a
potential claimant can use to contact the plan administrator. The
notice must remain posted on the Internet website until the plan is
discontinued.
Sec. 160.003. APPOINTMENT OF PLAN ADMINISTRATOR. (a) A
plan creator may develop a plan with or without the participation of
a person who serves or may serve as the plan administrator.
(b) A plan administrator must be an independent third party
appointed by a multidistrict litigation panel. The panel shall
appoint the plan administrator as soon as reasonably practicable
after a request for an appointment is made by a plan creator or
after the need for appointing a plan administrator arises.
Sec. 160.004. CONTENTS OF PLAN. (a) A voluntary
compensation plan established under this chapter must contain the
following elements:
(1) the name of the plan creator;
(2) the name, address, telephone number, and e-mail
address of the plan administrator;
(3) the kind or class of claimants who may be eligible
to receive compensation from the plan;
(4) the deadline by which claims must be filed with the
plan administrator;
(5) the criteria the plan administrator will use to
determine whether a claim is legitimate;
(6) the formula, method, or information the plan
administrator will use to determine the amount that will be paid to
a claimant for a legitimate claim, or a schedule showing the amounts
the plan administrator will pay claimants for legitimate claims;
(7) the dates and methods by which claims will be paid;
(8) a statement disclosing the extent to which
accepting payment from the plan bars suit against the plan creator
or others; and
(9) any other information necessary for a claimant to
obtain information about or request compensation from the plan.
(b) A potential claimant must be able to obtain from the
plan administrator, or ascertain by using a program or other method
made available by the plan administrator, a reasonably accurate
statement of the amount of compensation the potential claimant
could receive from the plan.
(c) A voluntary compensation plan may be amended at any
time.
Sec. 160.005. LEGAL EFFECT OF ESTABLISHING PLAN. (a)
Establishing, attempting to establish, or planning in regard to
establishing a voluntary compensation plan under this chapter is
not an admission of liability by any person.
(b) Evidence that a person established, attempted to
establish, planned in regard to establishing, or sought information
or compensation from a voluntary compensation plan is not
admissible in any civil, criminal, or administrative proceeding in
which the tribunal will determine liability for the acts or
omissions that gave rise to the establishment or potential
establishment of the voluntary compensation plan.
(c) A notice published and posted as required by Section
160.002 is not admissible in any civil, criminal, or administrative
proceeding in which the tribunal will determine liability for the
acts or omissions that gave rise to the establishment of the
voluntary compensation plan.
(d) Any statement by the plan creator or plan administrator,
whether oral or written, regarding the plan or the plan creator
establishing, attempting to establish, or planning to establish a
voluntary compensation plan under this chapter is not admissible in
any civil, criminal, or administrative proceeding in which the
tribunal will determine liability for the acts or omissions that
gave rise to the establishment or potential establishment of the
voluntary compensation plan.
(e) A plan creator's consideration of or planning for
establishing a voluntary compensation plan is privileged from
discovery or disclosure in any civil, criminal, or administrative
proceeding in which the tribunal will determine liability for the
acts or omissions that gave rise to the establishment or potential
establishment of the voluntary compensation plan.
(f) Establishing, attempting to establish, or planning in
regard to establishing a voluntary compensation plan under this
chapter does not create a legal duty owed by the plan administrator
or plan creator to anyone. Establishing, attempting to establish,
or planning in regard to establishing a voluntary compensation plan
does not give rise to a cause of action against a plan administrator
or plan creator for breach of a duty of good faith and fair dealing,
breach of Subchapter E, Chapter 17, Business & Commerce Code, or
other similar statute, or breach of any other common law or
statutory duty.
(g) Establishing a voluntary compensation plan under this
chapter does not create an obligation for the plan administrator or
plan creator to negotiate the terms or conditions of payment from
the plan or for the settlement of litigation or threatened
litigation.
(h) Because it is the public policy of this state to
encourage the quick, fair, and inexpensive resolution of potential
civil actions, this section is to be interpreted and applied
liberally to encourage the use of voluntary compensation plans by
protecting potentially liable persons from having their liability
based in any respect on establishing, attempting to establish, or
planning in regard to establishing a voluntary compensation plan.
Sec. 160.006. PROHIBITED CONTACT. (a) A plan creator or
plan administrator may not contact a claimant or potential claimant
who the plan creator knows or reasonably should know is represented
by an attorney.
(b) A plan creator or plan administrator may not initiate
contact with a claimant or potential claimant for the purpose of
encouraging or attempting to induce the claimant or potential
claimant to accept compensation under the plan.
Sec. 160.007. SUPREME COURT RULES. The supreme court may
adopt rules to implement or govern proceedings under this chapter.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.