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A BILL TO BE ENTITLED
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AN ACT
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relating to settlement of claims and actions against a governmental |
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unit. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 5, Civil Practice and Remedies Code, is |
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amended by adding Chapter 116 to read as follows: |
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CHAPTER 116. SETTLEMENT OF CLAIM OR ACTION AGAINST A GOVERNMENTAL |
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UNIT |
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Sec. 116.001. DEFINITION. In this chapter, "governmental |
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unit" has the meaning assigned by Section 101.001. |
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Sec. 116.002. CERTAIN SETTLEMENT TERMS PROHIBITED. (a) A |
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governmental unit may not enter into a settlement of a claim or |
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action against the governmental unit in which: |
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(1) the amount of the settlement is equal to or greater |
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than $30,000; and |
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(2) a condition of the settlement requires a party |
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seeking affirmative relief against the governmental unit to agree |
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not to disclose any fact, allegation, evidence, or other matter to |
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any other person, including a journalist or other member of the |
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media. |
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(b) A settlement agreement provision entered into in |
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violation of Subsection (a) is void and unenforceable. |
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Sec. 116.003. ADMISSIBILITY OF CERTAIN EVIDENCE RELATING TO |
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SETTLEMENT NEGOTIATION. (a) Evidence of offering, providing, |
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accepting, promising to provide, or offering or promising to accept |
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valuable consideration in settling or attempting to settle a claim |
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against a governmental unit is not admissible to prove: |
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(1) liability for the claim; |
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(2) the invalidity of the claim; or |
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(3) the amount of liability for the claim. |
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(b) Subsection (a) does not require the exclusion of |
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evidence offered for a purpose other than a purpose described by |
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that subsection, including: |
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(1) to prove the bias, prejudice, or interest of a |
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witness or party; |
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(2) to dispute a contention of undue delay; or |
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(3) to prove an attempt to obstruct a criminal |
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investigation or prosecution. |
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(c) Evidence of conduct occurring or statements made in the |
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course of settlement negotiations with a governmental unit are not |
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admissible. This subsection does not require the exclusion of |
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evidence that is otherwise discoverable merely because the evidence |
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was presented in the course of settlement negotiations with a |
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governmental unit. |
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Sec. 116.004. EFFECT OF CHAPTER. This chapter does not |
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affect information that is privileged or confidential under other |
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law. |
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SECTION 2. The change in law made by this Act applies only |
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with respect to a claim or action that is based on a cause of action |
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that accrues on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2017. |