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A BILL TO BE ENTITLED
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AN ACT
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relating to privacy of certain structured settlement information. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 141.006, Civil Practice and Remedies |
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Code, is amended by adding Subsections (d) and (e) to read as |
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follows: |
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(d) If the application under this chapter for approval of a |
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transfer of structured settlement payment rights includes a written |
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request by the payee to conceal from public inspection the |
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personally identifiable information of the payee and the court and |
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each interested party required to receive notice under Subsection |
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(b) receive complete, unredacted copies of the application, other |
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pleadings, and any order in the time provided by Subsection (b), as |
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applicable: |
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(1) in any application, other pleadings, or any order |
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filed or submitted, the court shall permit the full redaction of the |
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name of the payee, the address of the payee, and other information |
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that could reasonably be used to determine the identity or address |
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of the payee, including the names of dependents, family members, |
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and beneficiaries; and |
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(2) with respect to any order issued approving or |
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denying the transfer of structured settlement payment rights: |
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(A) a copy of the order, with the information |
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described by Subdivision (1) redacted, shall be filed as part of the |
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public record; |
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(B) at the same time as the filing under |
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Paragraph (A), an unredacted copy of the order shall be issued under |
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seal and shall be provided to the transferee and each interested |
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party entitled to notice under Subsection (b); and |
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(C) not earlier than six months after the date |
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the order is issued, the court on its own initiative may, or on the |
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motion of any person including a member of the general public shall, |
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unseal the unredacted order and make the order part of the public |
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record. |
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(e) Except as provided by this subsection, Rule 76a, Texas |
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Rules of Civil Procedure, applies to all court proceedings and |
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filings under this chapter. A party is not required to comply with |
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that rule in order to redact the payee's personally identifiable |
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information under Subsection (d)(1) or for the purpose of issuing |
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an unredacted copy of the order under seal under Subsection (d)(2). |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |