2009 Texas Code
CIVIL PRACTICE AND REMEDIES CODE
TITLE 6. MISCELLANEOUS PROVISIONS
CHAPTER 139. PERSONAL INJURY TO CERTAIN PERSONS  

CIVIL PRACTICE AND REMEDIES CODE

TITLE 6. MISCELLANEOUS PROVISIONS

CHAPTER 139. PERSONAL INJURY TO CERTAIN PERSONS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 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, Sec. 1, eff. Sept. 1,

1999.

Sec. 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, Sec. 1, eff. Sept. 1,

1999.

SUBCHAPTER B. STRUCTURED SETTLEMENT OFFER

Sec. 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, Sec. 1, eff. Sept. 1,

1999.

Sec. 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, Sec. 1, eff. Sept. 1,

1999.