Bill Text: TX HB3356 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to privacy of certain structured settlement information.
Sponsorship: Bipartisan Bill
Status: (Enrolled - Dead) 2017-06-15 - Effective immediately [HB3356 Detail]
Download: Texas-2017-HB3356-Enrolled.html
| H.B. No. 3356 | ||
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| 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 | ||
