Bill Text: TX SB1463 | 2017-2018 | 85th Legislature | Introduced


Bill Title: Relating to settlement of claims and actions against a governmental unit.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-03-20 - Referred to State Affairs [SB1463 Detail]

Download: Texas-2017-SB1463-Introduced.html
  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.
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