Bill Text: TX HB53 | 2017-2018 | 85th Legislature | Enrolled

Texas House Bill 53 (Prior Session Legislation)

Bill Title: Relating to certain limitations on settlement agreements with a governmental unit.

Sponsorship: Slight Partisan Bill (Republican 2-1)

Status: (Passed) 2017-06-12 - Effective on 9/1/17 [HB53 Detail]

Download: Texas-2017-HB53-Enrolled.html



	H.B. No. 53




	AN ACT
	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 116 to read as follows:
	CHAPTER 116. SETTLEMENT OF CLAIM OR ACTION AGAINST 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;
	(2) the money that would be used to pay the settlement
	is:
	(A) derived from taxes collected by a
	governmental unit;
	(B) received from the state; or
	(C) insurance proceeds received from an
	insurance policy for which the premium was paid with taxes
	collected by a governmental unit or money received from the state;
	and
	(3) 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. 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.


	______________________________	______________________________
	President of the Senate	Speaker of the House


	I certify that H.B. No. 53 was passed by the House on April
	26, 2017, by the following vote: Yeas 148, Nays 0, 1 present, not
	voting.

	______________________________
	Chief Clerk of the House


	I certify that H.B. No. 53 was passed by the Senate on May 19,
	2017, by the following vote: Yeas 30, Nays 1.

	______________________________
	Secretary of the Senate
	APPROVED: _____________________
	Date

	_____________________
	Governor