Texas 2017 - 85th Regular

Texas House Bill HB3356 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3356
	1	+	By: King of Uvalde (Senate Sponsor - Creighton) H.B. No. 3356
	2	+	(In the Senate - Received from the House May 8, 2017;
	3	+	May 9, 2017, read first time and referred to Committee on State
	4	+	Affairs; May 19, 2017, reported favorably by the following vote:
	5	+	Yeas 9, Nays 0; May 19, 2017, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to privacy of certain structured settlement information.
6	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	13		SECTION 1. Section 141.006, Civil Practice and Remedies
8	14		Code, is amended by adding Subsections (d) and (e) to read as
9	15		follows:
10	16		(d) If the application under this chapter for approval of a
11	17		transfer of structured settlement payment rights includes a written
12	18		request by the payee to conceal from public inspection the
13	19		personally identifiable information of the payee and the court and
14	20		each interested party required to receive notice under Subsection
15	21		(b) receive complete, unredacted copies of the application, other
16	22		pleadings, and any order in the time provided by Subsection (b), as
17	23		applicable:
18	24		(1) in any application, other pleadings, or any order
19	25		filed or submitted, the court shall permit the full redaction of the
20	26		name of the payee, the address of the payee, and other information
21	27		that could reasonably be used to determine the identity or address
22	28		of the payee, including the names of dependents, family members,
23	29		and beneficiaries; and
24	30		(2) with respect to any order issued approving or
25	31		denying the transfer of structured settlement payment rights:
26	32		(A) a copy of the order, with the information
27	33		described by Subdivision (1) redacted, shall be filed as part of the
28	34		public record;
29	35		(B) at the same time as the filing under
30	36		Paragraph (A), an unredacted copy of the order shall be issued under
31	37		seal and shall be provided to the transferee and each interested
32	38		party entitled to notice under Subsection (b); and
33	39		(C) not earlier than six months after the date
34	40		the order is issued, the court on its own initiative may, or on the
35	41		motion of any person including a member of the general public shall,
36	42		unseal the unredacted order and make the order part of the public
37	43		record.
38	44		(e) Except as provided by this subsection, Rule 76a, Texas
39	45		Rules of Civil Procedure, applies to all court proceedings and
40	46		filings under this chapter. A party is not required to comply with
41	47		that rule in order to redact the payee's personally identifiable
42	48		information under Subsection (d)(1) or for the purpose of issuing
43	49		an unredacted copy of the order under seal under Subsection (d)(2).
44	50		SECTION 2. This Act takes effect immediately if it receives
45	51		a vote of two-thirds of all the members elected to each house, as
46	52		provided by Section 39, Article III, Texas Constitution. If this
47	53		Act does not receive the vote necessary for immediate effect, this
48	54		Act takes effect September 1, 2017.
49		-	______________________________ ______________________________
50		-	President of the Senate Speaker of the House
51		-	I certify that H.B. No. 3356 was passed by the House on May 6,
52		-	2017, by the following vote: Yeas 142, Nays 1, 2 present, not
53		-	voting.
54		-	______________________________
55		-	Chief Clerk of the House
56		-	I certify that H.B. No. 3356 was passed by the Senate on May
57		-	24, 2017, by the following vote: Yeas 31, Nays 0.
58		-	______________________________
59		-	Secretary of the Senate
60		-	APPROVED: _____________________
61		-	Date
62		-	_____________________
63		-	Governor
	55	+	* * * * *