2005 Texas Civil Practice & Remedies Code CHAPTER 139. PERSONAL INJURY TO CERTAIN PERSONS

CIVIL PRACTICE & REMEDIES CODE

CHAPTER 139. PERSONAL INJURY TO CERTAIN PERSONS

SUBCHAPTER A. GENERAL PROVISIONS


	§ 139.001. DEFINITIONS.  In this chapter:                                   
		(1)  "Claimant" means a person described by Section 
139.002(1) or (2) who makes a claim to which this chapter applies.
		(2)  "Incapacitated person" has the meaning assigned by 
Section 601, Texas Probate Code.

Added by Acts 1999, 76th Leg., ch. 1228, § 1, eff. Sept. 1, 1999.          


	§ 139.002. SCOPE OF CHAPTER.  This chapter applies only 
to a suit on a claim for damages arising from personal injury:
		(1)  to an incapacitated person;  or                                          
		(2)  in which the personal injury has resulted in the 
substantial disablement of the injured person.

Added by Acts 1999, 76th Leg., ch. 1228, § 1, eff. Sept. 1, 1999.          

SUBCHAPTER B. STRUCTURED SETTLEMENT OFFER


	§ 139.101. WRITTEN OFFER REQUIRED.  An offer of 
structured settlement made after a suit to which this chapter 
applies has been filed must be:
		(1)  made in writing;  and                                                    
		(2)  presented to the attorney for the claimant.                              

Added by Acts 1999, 76th Leg., ch. 1228, § 1, eff. Sept. 1, 1999.          


	§ 139.102. PRESENTATION TO CLAIMANT.  (a) As soon as 
practicable after receiving the offer under Section 139.101, but 
not later than any expiration date that may accompany the quotation 
that outlines the terms of the structured settlement offered, the 
attorney receiving the offer shall present the offer to the 
claimant or the claimant's personal representative.
	(b)  To the extent reasonably necessary to permit the 
claimant or the claimant's personal representative to make an 
informed decision regarding the acceptance or rejection of a 
proposed structured settlement, the attorney shall advise the 
claimant or the claimant's personal representative with respect to:
		(1)  the terms, conditions, and other attributes of the 
proposed structured settlement;  and
		(2)  the appropriateness of the structured settlement 
under the circumstances.

Added by Acts 1999, 76th Leg., ch. 1228, § 1, eff. Sept. 1, 1999.