| 1 | 1 | | By: Burnam, Turner of Tarrant, et al. H.B. No. 382 |
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| 2 | 2 | | Substitute the following for H.B. No. 382: |
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| 3 | 3 | | By: Hunter C.S.H.B. No. 382 |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to certain limitations on settlement agreements with a |
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| 9 | 9 | | governmental unit. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Title 5, Civil Practice and Remedies Code, is |
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| 12 | 12 | | amended by adding Chapter 112 to read as follows: |
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| 13 | 13 | | CHAPTER 112. LIMITATION ON SETTLEMENT OF CLAIM OR ACTION AGAINST A |
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| 14 | 14 | | GOVERNMENTAL UNIT |
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| 15 | 15 | | Sec. 112.001. CERTAIN LIMITATIONS ON SETTLEMENT BY A |
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| 16 | 16 | | GOVERNMENTAL UNIT. (a) In this chapter, "governmental unit" has |
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| 17 | 17 | | the meaning assigned by Section 101.001. |
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| 18 | 18 | | (b) The attorney general or another attorney representing a |
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| 19 | 19 | | governmental unit may not enter into a settlement of a claim or |
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| 20 | 20 | | action against the governmental unit in which the amount of the |
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| 21 | 21 | | settlement is greater than or equal to $30,000 and a condition of |
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| 22 | 22 | | the settlement requires a party seeking affirmative relief against |
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| 23 | 23 | | the governmental unit to agree not to disclose any fact, |
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| 24 | 24 | | allegation, evidence, or other matter to any other person, |
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| 25 | 25 | | including a journalist or other member of the media. A settlement |
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| 26 | 26 | | agreement in violation of this chapter is void and unenforceable. |
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| 27 | 27 | | (c) This chapter does not affect information that is |
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| 28 | 28 | | privileged or confidential under other law. |
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| 29 | 29 | | SECTION 2. The change in law made by this Act applies to the |
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| 30 | 30 | | settlement of a claim or action with respect to which the cause of |
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| 31 | 31 | | action on which the claim or action is based accrues on or after the |
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| 32 | 32 | | effective date of this Act. A claim or action with respect to which |
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| 33 | 33 | | the cause of action on which the claim or action is based accrues |
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| 34 | 34 | | before the effective date of this Act is governed by the law in |
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| 35 | 35 | | effect immediately before that date, and that law is continued in |
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| 36 | 36 | | effect for that purpose. |
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| 37 | 37 | | SECTION 3. This Act takes effect September 1, 2013. |
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