Sec. 142.008. STRUCTURED SETTLEMENT. (a) In a suit in which a minor or incapacitated person who has no legal guardian is represented by a next friend or an appointed guardian ad litem, the court, on a motion from the parties, may provide for a structured settlement that:
(1) provides for periodic payments; and
(2) is funded by:
(A) an obligation guaranteed by the United States government; or
(B) an annuity contract that meets the requirements of Section 142.009.
(b) The person obligated to fund a structured settlement shall provide to the court:
(1) a copy of the instrument that provides funding for the structured settlement; or
(2) an affidavit from an independent financial consultant that specifies the present value of the structured settlement and the method by which the value is calculated.
(c) A structured settlement provided for under this section is solely for the benefit of the beneficiary of the structured settlement and is not subject to the interest payment calculations contained in Section 117.054, Local Government Code.
Added by Acts 1999, 76th Leg., ch. 195, Sec. 5, eff. Sept. 1, 1999.
Structure Texas Statutes
Title 10 - Miscellaneous Beneficial Property Interests
Subtitle A - Persons Under Disability
Chapter 142 - Management of Property Recovered in Suit by a Next Friend or Guardian Ad Litem
Section 142.001. Management by Decree
Section 142.002. Management by Bonded Manager
Section 142.003. Compensation and Duties of Managers
Section 142.004. Investment of Funds
Section 142.005. Trust for Property
Section 142.006. Claims Against Property
Section 142.007. Incapacitated Person
Section 142.008. Structured Settlement
Section 142.009. Annuity Contract Requirements for Structured Settlement
Section 142.010. Transfer of Trust Property to a Pooled Trust Subaccount