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TEXAS STATUTES AND CODES
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.