HBA-DMD H.B. 2691 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2691
By: Counts
Civil Practices
3/22/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, a lump sum payment in compensation for serious personal injuries
may be dissipated, leaving the injury victim dependent on state and federal
assistance programs. However, a structured settlement permits an injury
victim to continuously receive assured tax-free payments. Since structured
settlements are intended to protect injury victims against dissipation
risks and potential tax liability, a structured settlement recipient is
prohibited by contract from transferring the payments and ownership of the
annuity contract is vested in insurance companies or their affiliates. 

H.B. 2691 creates Chapter 140 (Structured Settlements) in the Civil
Practices and Remedies Code. This bill sets conditions for the transfer of
structured settlement payment rights (payment rights). This bill requires
an application for transfer of payment rights to be made by the transferee
and authorizes the application to be brought before a proper authority.
H.B. 2691 requires the transferee, within a specified period, to provide
notice of the proposed transfer to certain parties. It also requires the
Office of the Attorney General to have standing to raise any matter
relating to an application for transfer of payment rights. This bill
requires that the payee who proposes the transfer to incur no penalty or
pay no application fee.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 6, Civil Practices and Remedies Code, by adding
Chapter 140, as follows: 

CHAPTER 140. STRUCTURED SETTLEMENTS

Sec. 140.001. DEFINITIONS. Defines "annuity issuer," "applicable law,"
"dependents," "discounted present value," "favorable tax determination,"
"independent professional advice," "interested parties," "payee," "periodic
payments," "qualified assignment agreement," "responsible administrative
authority," "settled claim," "structured settlement," "structured
settlement agreement," "structured settlement obligor," "structured
settlement payment rights," "transfer," "transferee," "terms of the
structured settlement," and "transfer agreement." 

Sec. 140.002. CONDITIONS TO TRANSFERS OF STRUCTURED SETTLEMENT PAYMENT
RIGHTS. Requires that no direct or indirect transfer of structured
settlement payment rights be effective and no structured settlement obligor
or annuity issuer be required to make any payment directly or indirectly to
any transferee of structured settlement payment rights unless the transfer
has been authorized in advance in a final order of a court of competent
jurisdiction or a responsible administrative authority, based on certain
express findings by such court or responsible administrative authority.
Specifies the required findings of the court or responsible administrative
authority.   

Sec. 140.003. APPROVAL OF TRANSFERS. (1) Requires an application for
authorization  of a transfer of structured settlement payment rights to be
made by the transferee and authorizes the application to be brought in the
appropriate state court of original jurisdiction in the county in which the
payee, whose presence in this State will trigger application of this
chapter, resides or in any court or before any responsible administrative
authority which approved the structured settlement agreement.  

(2) Requires the transferee, not less than twenty (20) days prior to the
scheduled hearing on any application for authorization of a transfer or
structured settlement payment rights under Section 140.002, to file with
the court or responsible administrative authority and serve on any other
government authority which previously approved the structured settlement,
on all interested parties, and on the Office of the Attorney General (OAG),
a notice of the proposed transfer and the application for its
authorization. Specifies information to be included in the notice.  

(3) Requires OAG to have standing to raise, appear, and be heard on any
matter relating to an application for authorization of a transfer of
structured settlement payment rights under this chapter.  

Sec. 140.004.  NO WAIVER; NO PENALTIES. (1) Prohibits the provisions of
this chapter from being waived.  

(2) Provides that no payee who proposes to make a transfer of structured
settlement payment rights shall incur any penalty, forfeit any application
fee or other payment, or otherwise incur any liability to the proposed
transferee based on any failure of such transfer to satisfy the conditions
of Section 140.002 of this chapter.  

Sec. 140.005. CONSTRUCTION. Requires nothing contained in this chapter to
be construed to authorize any transfer of structured settlement payment
rights in contravention of applicable law or to give effect to any transfer
of structured settlement rights that is invalid under applicable law.  

SECTION 2. Requires this Act to apply to any transfer of structured
settlement payment rights under a transfer agreement entered into on or
after the effective date of this Act; provided, however, that nothing
contained herein is required to imply that any transfer under a transfer
agreement reached prior to such date is effective.  

SECTION 3. Emergency clause.
  Effective date: 90 days after adjournment.