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