85R11 CAE-F     By: Huffman S.B. No. 1463       A BILL TO BE ENTITLED   AN ACT   relating to settlement of claims and actions against a governmental   unit.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Title 5, Civil Practice and Remedies Code, is   amended by adding Chapter 116 to read as follows:   CHAPTER 116. SETTLEMENT OF CLAIM OR ACTION AGAINST A GOVERNMENTAL   UNIT          Sec. 116.001.  DEFINITION.  In this chapter, "governmental   unit" has the meaning assigned by Section 101.001.          Sec. 116.002.  CERTAIN SETTLEMENT TERMS PROHIBITED.  (a)  A   governmental unit may not enter into a settlement of a claim or   action against the governmental unit in which:                (1)  the amount of the settlement is equal to or greater   than $30,000; and                (2)  a condition of the settlement requires a party   seeking affirmative relief against the governmental unit to agree   not to disclose any fact, allegation, evidence, or other matter to   any other person, including a journalist or other member of the   media.          (b)  A settlement agreement provision entered into in   violation of Subsection (a) is void and unenforceable.          Sec. 116.003.  ADMISSIBILITY OF CERTAIN EVIDENCE RELATING TO   SETTLEMENT NEGOTIATION. (a) Evidence of offering, providing,   accepting, promising to provide, or offering or promising to accept   valuable consideration in settling or attempting to settle a claim   against a governmental unit is not admissible to prove:                (1)  liability for the claim;                (2)  the invalidity of the claim; or                (3)  the amount of liability for the claim.          (b)  Subsection (a) does not require the exclusion of   evidence offered for a purpose other than a purpose described by   that subsection, including:                (1)  to prove the bias, prejudice, or interest of a   witness or party;                (2)  to dispute a contention of undue delay; or                (3)  to prove an attempt to obstruct a criminal   investigation or prosecution.          (c)  Evidence of conduct occurring or statements made in the   course of settlement negotiations with a governmental unit are not   admissible.  This subsection does not require the exclusion of   evidence that is otherwise discoverable merely because the evidence   was presented in the course of settlement negotiations with a   governmental unit.          Sec. 116.004.  EFFECT OF CHAPTER.  This chapter does not   affect information that is privileged or confidential under other   law.          SECTION 2.  The change in law made by this Act applies only   with respect to a claim or action that is based on a cause of action   that accrues on or after the effective date of this Act.          SECTION 3.  This Act takes effect September 1, 2017.