85R11 CAE-F
By: Huffman S.B. No. 1463
A BILL TO BE ENTITLED
AN ACT
relating to settlement of claims and actions against 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. SETTLEMENT OF CLAIM OR ACTION AGAINST A GOVERNMENTAL
UNIT
Sec. 116.001. DEFINITION. In this chapter, "governmental
unit" has the meaning assigned by Section 101.001.
Sec. 116.002. CERTAIN SETTLEMENT TERMS PROHIBITED. (a) A
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.
(b) A settlement agreement provision entered into in
violation of Subsection (a) is void and unenforceable.
Sec. 116.003. ADMISSIBILITY OF CERTAIN EVIDENCE RELATING TO
SETTLEMENT NEGOTIATION. (a) Evidence of offering, providing,
accepting, promising to provide, or offering or promising to accept
valuable consideration in settling or attempting to settle a claim
against a governmental unit is not admissible to prove:
(1) liability for the claim;
(2) the invalidity of the claim; or
(3) the amount of liability for the claim.
(b) Subsection (a) does not require the exclusion of
evidence offered for a purpose other than a purpose described by
that subsection, including:
(1) to prove the bias, prejudice, or interest of a
witness or party;
(2) to dispute a contention of undue delay; or
(3) to prove an attempt to obstruct a criminal
investigation or prosecution.
(c) Evidence of conduct occurring or statements made in the
course of settlement negotiations with a governmental unit are not
admissible. This subsection does not require the exclusion of
evidence that is otherwise discoverable merely because the evidence
was presented in the course of settlement negotiations with a
governmental unit.
Sec. 116.004. EFFECT OF CHAPTER. 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 only
with respect to a claim or action that is based on a cause of action
that accrues on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2017.