Bill
HB 3356
85(R) - 2017
House Judiciary & Civil Jurisprudence
Senate State Affairs
House Judiciary & Civil Jurisprudence
Senate State Affairs
Civil Remedies
Privacy
Vote Recommendation
Yes
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Neutral
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Neutral
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Neutral
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Neutral
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Positive
Author(s)
Tracy King
Sponsor(s)
Brandon Creighton
Bill Caption
Relating to privacy of certain structured settlement information.
Fiscal Notes
No significant fiscal implication to the State is anticipated.
Bill Analysis
This bill would modify the civil practice and remedies code pertaining to the transfer of structured settlement payment rights. If this bill passes, individuals who are the payee in suits that resulted in a structured settlement of payments would have their privacy rights protected to a greater degree. If this bill passes, a payee may make a written request to conceal their personally identifiable information including the names of dependents, family members, and beneficiaries. If the written request is submitted within a certain timeframe, the documents that contain personal information that could reasonably be used to determine the identity or address of the payee may be sealed and redacted.
When a transfer of structured settlement payment rights is being considered, a copy of the order, with the aforementioned information redacted shall be filed as part of the public record. At the same time as the filing, an unredacted copy of the order would be issued under seal and shall be provided to the transferee and each interested party entitled to notice. Finally, not earlier than six months after the date that an order is issued, the court or an other person would have the ability to motion to unseal the unredacted order and make the order part of the public record.
Vote Recommendation Notes
Allowing individuals who are receiving compensation under a structured settlement plan to conceal their personal information from the public for a certain amount of time upholds our commitment to individual liberty. For this reason we support this bill.