| 1 | 1 | | 85R11 CAE-F |
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| 2 | 2 | | By: Huffman S.B. No. 1463 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to settlement of claims and actions against a governmental |
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| 8 | 8 | | unit. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Title 5, Civil Practice and Remedies Code, is |
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| 11 | 11 | | amended by adding Chapter 116 to read as follows: |
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| 12 | 12 | | CHAPTER 116. SETTLEMENT OF CLAIM OR ACTION AGAINST A GOVERNMENTAL |
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| 13 | 13 | | UNIT |
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| 14 | 14 | | Sec. 116.001. DEFINITION. In this chapter, "governmental |
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| 15 | 15 | | unit" has the meaning assigned by Section 101.001. |
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| 16 | 16 | | Sec. 116.002. CERTAIN SETTLEMENT TERMS PROHIBITED. (a) A |
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| 17 | 17 | | governmental unit may not enter into a settlement of a claim or |
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| 18 | 18 | | action against the governmental unit in which: |
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| 19 | 19 | | (1) the amount of the settlement is equal to or greater |
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| 20 | 20 | | than $30,000; and |
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| 21 | 21 | | (2) a condition of the settlement requires a party |
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| 22 | 22 | | seeking affirmative relief against the governmental unit to agree |
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| 23 | 23 | | not to disclose any fact, allegation, evidence, or other matter to |
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| 24 | 24 | | any other person, including a journalist or other member of the |
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| 25 | 25 | | media. |
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| 26 | 26 | | (b) A settlement agreement provision entered into in |
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| 27 | 27 | | violation of Subsection (a) is void and unenforceable. |
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| 28 | 28 | | Sec. 116.003. ADMISSIBILITY OF CERTAIN EVIDENCE RELATING TO |
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| 29 | 29 | | SETTLEMENT NEGOTIATION. (a) Evidence of offering, providing, |
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| 30 | 30 | | accepting, promising to provide, or offering or promising to accept |
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| 31 | 31 | | valuable consideration in settling or attempting to settle a claim |
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| 32 | 32 | | against a governmental unit is not admissible to prove: |
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| 33 | 33 | | (1) liability for the claim; |
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| 34 | 34 | | (2) the invalidity of the claim; or |
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| 35 | 35 | | (3) the amount of liability for the claim. |
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| 36 | 36 | | (b) Subsection (a) does not require the exclusion of |
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| 37 | 37 | | evidence offered for a purpose other than a purpose described by |
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| 38 | 38 | | that subsection, including: |
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| 39 | 39 | | (1) to prove the bias, prejudice, or interest of a |
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| 40 | 40 | | witness or party; |
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| 41 | 41 | | (2) to dispute a contention of undue delay; or |
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| 42 | 42 | | (3) to prove an attempt to obstruct a criminal |
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| 43 | 43 | | investigation or prosecution. |
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| 44 | 44 | | (c) Evidence of conduct occurring or statements made in the |
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| 45 | 45 | | course of settlement negotiations with a governmental unit are not |
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| 46 | 46 | | admissible. This subsection does not require the exclusion of |
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| 47 | 47 | | evidence that is otherwise discoverable merely because the evidence |
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| 48 | 48 | | was presented in the course of settlement negotiations with a |
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| 49 | 49 | | governmental unit. |
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| 50 | 50 | | Sec. 116.004. EFFECT OF CHAPTER. This chapter does not |
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| 51 | 51 | | affect information that is privileged or confidential under other |
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| 52 | 52 | | law. |
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| 53 | 53 | | SECTION 2. The change in law made by this Act applies only |
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| 54 | 54 | | with respect to a claim or action that is based on a cause of action |
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| 55 | 55 | | that accrues on or after the effective date of this Act. |
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| 56 | 56 | | SECTION 3. This Act takes effect September 1, 2017. |
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