H.B. No. 3356
AN ACT
relating to privacy of certain structured settlement information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 141.006, Civil Practice and Remedies
Code, is amended by adding Subsections (d) and (e) to read as
follows:
(d) If the application under this chapter for approval of a
transfer of structured settlement payment rights includes a written
request by the payee to conceal from public inspection the
personally identifiable information of the payee and the court and
each interested party required to receive notice under Subsection
(b) receive complete, unredacted copies of the application, other
pleadings, and any order in the time provided by Subsection (b), as
applicable:
(1) in any application, other pleadings, or any order
filed or submitted, the court shall permit the full redaction of the
name of the payee, the address of the payee, and other information
that could reasonably be used to determine the identity or address
of the payee, including the names of dependents, family members,
and beneficiaries; and
(2) with respect to any order issued approving or
denying the transfer of structured settlement payment rights:
(A) a copy of the order, with the information
described by Subdivision (1) redacted, shall be filed as part of the
public record;
(B) at the same time as the filing under
Paragraph (A), an unredacted copy of the order shall be issued under
seal and shall be provided to the transferee and each interested
party entitled to notice under Subsection (b); and
(C) not earlier than six months after the date
the order is issued, the court on its own initiative may, or on the
motion of any person including a member of the general public shall,
unseal the unredacted order and make the order part of the public
record.
(e) Except as provided by this subsection, Rule 76a, Texas
Rules of Civil Procedure, applies to all court proceedings and
filings under this chapter. A party is not required to comply with
that rule in order to redact the payee's personally identifiable
information under Subsection (d)(1) or for the purpose of issuing
an unredacted copy of the order under seal under Subsection (d)(2).
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, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3356 was passed by the House on May 6,
2017, by the following vote: Yeas 142, Nays 1, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3356 was passed by the Senate on May
24, 2017, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor