Texas § CP.141.006 - PROCEDURE FOR APPROVAL OF TRANSFERS

§ CP.141.006. PROCEDURE FOR APPROVAL OF TRANSFERS

PROCEDURE FOR APPROVAL OF TRANSFERS. (a) An application under this chapter for approval of a transfer of structured settlement payment rights shall be made by the transferee and shall be brought in the court. (b) At least 20 days before the date of the scheduled hearing on any application for approval of a transfer of structured settlement payment rights under Section 141.004 , the transferee shall file with the court and serve on all interested parties a notice of the proposed transfer and the application for authorization, including with the notice: (1) a copy of the transferee's application; (2) a copy of the transfer agreement; (3) a copy of the disclosure statement required under Section 141.003 ; (4) a listing of each of the payee's dependents, together with each dependent's age; (5) notice that any interested party is entitled to support, oppose, or otherwise respond to the transferee's application, either in person or by counsel, by submitting written comments to the court or by participating in the hearing; and (6) notice of the time and place of the hearing and notification of the manner in which and the time by which written responses to the application must be filed to be considered by the court. (c) Written responses to the application under Subsection (b)(6) must be filed on or after the 15th day after the date the transferee's notice is served. (d) If the application under this chapter for approval of a transfer of structured settlement payment rights includes a written request by the payee to conceal from public inspection the personally identifiable information of the payee and the court and each interested party required to receive notice under Subsection (b) receive complete, unredacted copies of the application, other pleadings, and any order in the time provided by Subsection (b), as applicable: (1) in any application, other pleadings, or any order filed or submitted, the court shall permit the full redaction of the name of the payee, the address of the payee, and other information that could reasonably be used to determine the identity or address of the payee, including the names of dependents, family members, and beneficiaries; and (2) with respect to any order issued approving or denying the transfer of structured settlement payment rights: (A) a copy of the order, with the information described by Subdivision (1) redacted, shall be filed as part of the public record; (B) at the same time as the filing under Paragraph (A), an unredacted copy of the order shall be issued under seal and shall be provided to the transferee and each interested party entitled to notice under Subsection (b); and (C) not earlier than six months after the date the order is issued, the court on its own initiative may, or on the motion of any person including a member of the general public shall, unseal the unredacted order and make the order part of the public record. (e) Except as provided by this subsection, Rule 76a, Texas Rules of Civil Procedure, applies to all court proceedings and filings under this chapter. A party is not required to comply with that rule in order to redact the payee's personally identifiable information under Subsection (d)(1) or for the purpose of issuing an unredacted copy of the order under seal under Subsection (d)(2). Added by Acts 2001, 77th Leg., ch. 96, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2017, 85th Leg., R.S., Ch. 802 (H.B. 3356 ), Sec. 1, eff. June 15, 2017.