By: Romero, Jr. H.B. No. 1630
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 116 to read as follows:
CHAPTER 116. LIMITATION ON SETTLEMENT OF CLAIM OR ACTION AGAINST A
GOVERNMENTAL UNIT
Sec. 116.001. CERTAIN LIMITATIONS ON SETTLEMENT BY A
GOVERNMENTAL UNIT. (a) In this chapter, "governmental unit" has
the meaning assigned by Section 101.001.
(b) A state or local governmental unit may not enter into a
settlement of a claim or action against the governmental unit in
which:
(1) the amount of the settlement is equal to or greater
than $30,000; and
(2) 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.
(c) A governmental unit may not disclose the personal
information of a party seeking affirmative relief unless the party
agrees to the disclosure.
(d) A provision in a settlement agreement that is in
violation of Subsection (b)(2) is void and unenforceable.
(e) This chapter does not affect information that is
privileged or confidential under other law.
(f) Evidence of furnishing or offering or promising to
furnish or accepting or offering or promising to accept, a valuable
consideration in compromising or attempting to compromise a claim
against a governmental unit which was disputed as to either
validity or amount is not admissible to prove liability for or
invalidity of the claim or its amount. Evidence of conduct or
statements made in compromise negotiations is likewise not
admissible. This section does not require the exclusion of any
evidence otherwise discoverable merely because it is presented in
the course of compromise negotiations. This section also does not
require exclusion when the evidence is offered for another purpose,
such as proving bias or prejudice or interest of a witness or a
party, negativing a contention of undue delay, or proving an effort
to obstruct a criminal investigation or prosecution.
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, 2015.