Bill Text: TX HB382 | 2013-2014 | 83rd Legislature | Engrossed
Bill Title: Relating to certain limitations on settlement agreements with a governmental unit.
Sponsorship: Bipartisan Bill
Status: (Engrossed - Dead) 2013-05-16 - Left pending in committee [HB382 Detail]
Download: Texas-2013-HB382-Engrossed.html
| By: Burnam, Turner of Tarrant, et al. | H.B. No. 382 | |
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| relating to certain limitations on settlement agreements with 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 112 to read as follows: | ||
| CHAPTER 112. LIMITATION ON SETTLEMENT OF CLAIM OR ACTION AGAINST A | ||
| GOVERNMENTAL UNIT | ||
| Sec. 112.001. CERTAIN LIMITATIONS ON SETTLEMENT BY A | ||
| GOVERNMENTAL UNIT. (a) In this chapter, "governmental unit" has | ||
| the meaning assigned by Section 101.001. | ||
| (b) The attorney general or another attorney representing a | ||
| governmental unit may not enter into a settlement of a claim or | ||
| action against the governmental unit in which the amount of the | ||
| settlement is greater than or equal to $30,000 and 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. A | ||
| nondisclosure provision in violation of this chapter is void and | ||
| unenforceable. A governmental unit may not disclose the personal | ||
| information of the party seeking affirmative relief unless the | ||
| party agrees to the disclosure. | ||
| (c) 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 to the | ||
| settlement of a claim or action with respect to which the cause of | ||
| action on which the claim or action is based accrues on or after the | ||
| effective date of this Act. A claim or action with respect to which | ||
| the cause of action on which the claim or action is based accrues | ||
| before the effective date of this Act is governed by the law in | ||
| effect immediately before that date, and that law is continued in | ||
| effect for that purpose. | ||
| SECTION 3. This Act takes effect September 1, 2013. | ||
