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§ 141.002.Definitions

Title 6. Miscellaneous Provisions · Chapter 141. Structured Settlement Protection Act · Last amended 2003 · Last verified August 29, 2026

In one sentenceSection 141.002 supplies twenty-one definitions, including the gross and net advance amounts and the discounted present value calculated at the Applicable Federal Rate.

Full Text of § 141.002

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In this chapter:
(1)"Annuity issuer" means an insurer that has issued a contract to fund periodic payments under a structured settlement.
(2)"Court" means:
(A)the court of original jurisdiction that authorized or approved a structured settlement; or
(B)if the court that authorized or approved the structured settlement no longer has jurisdiction to approve a transfer of payment rights under the structured settlement under this chapter, a statutory county court, a statutory probate court, or a district court located in the county in which the payee resides.
(3)"Dependents" includes a payee's spouse, minor children, and all other persons for whom the payee is legally obligated to provide support, including alimony.
(4)"Discounted present value" means the present value of future payments determined by discounting the payments to the present using the most recently published Applicable Federal Rate for determining the present value of an annuity, as issued by the United States Internal Revenue Service.
(5)"Gross advance amount" means the sum payable to the payee or for the payee's account as consideration for a transfer of structured settlement payment rights before any reductions for transfer expenses or other deductions to be made from the consideration.
(6)"Independent professional advice" means advice of an attorney, certified public accountant, actuary, or other licensed professional adviser.
(7)"Interested party" means, with respect to any structured settlement:
(A)the payee;
(B)any beneficiary irrevocably designated under the annuity contract to receive payments following the payee's death;
(C)the annuity issuer;
(D)the structured settlement obligor; and
(E)any other party that has continuing rights or obligations under the structured settlement.
(8)"Net advance amount" means the gross advance amount less the aggregate amount of the actual and estimated transfer expenses required to be disclosed under Section 141.003(5).
(9)"Payee" means an individual who is receiving tax-free payments under a structured settlement and proposes to transfer payment rights under the structured settlement.
(10)"Periodic payments" includes both recurring payments and scheduled future lump-sum payments.
(11)"Qualified assignment agreement" means an agreement providing for a qualified assignment within the meaning of Section 130, Internal Revenue Code of 1986 (26 U.S.C. Section 130), as amended.
(12)"Settled claim" means the original tort claim or workers' compensation claim resolved by a structured settlement.
(13)"Structured settlement" means an arrangement for periodic payment of damages for personal injuries or sickness established by settlement or judgment in resolution of a tort claim or for periodic payments in settlement of a workers' compensation claim.
(14)"Structured settlement agreement" means the agreement, judgment, stipulation, or release embodying the terms of a structured settlement.
(15)"Structured settlement obligor" means, with respect to any structured settlement, the party that has the continuing obligation to make periodic payments to the payee under a structured settlement agreement or a qualified assignment agreement.
(16)"Structured settlement payment rights" means rights to receive periodic payments under a structured settlement, whether from the structured settlement obligor or the annuity issuer, if:
(A)the payee is domiciled in or the domicile or principal place of business of the structured settlement obligor or the annuity issuer is located in this state;
(B)the structured settlement agreement was authorized or approved by a court located in this state; or
(C)the structured settlement agreement is expressly governed by the laws of this state.
(17)"Terms of the structured settlement" include, with respect to any structured settlement, the terms of the structured settlement agreement, the annuity contract, any qualified assignment agreement, and any order or other approval of the court.
(18)"Transfer" means any sale, assignment, pledge, hypothecation, or other alienation or encumbrance of structured settlement payment rights made by a payee for consideration, except that the term does not include the creation or perfection of a security interest in structured settlement payment rights under a blanket security agreement entered into with an insured depository institution, in the absence of any action to redirect the structured settlement payments to the insured depository institution, or its agent or successor in interest, or to enforce the blanket security interest against the structured settlement payment rights.
(19)"Transfer agreement" means the agreement providing for a transfer of structured settlement payment rights.
(20)"Transfer expenses" means all the expenses of a transfer that are required under the transfer agreement to be paid by the payee or deducted from the gross advance amount, including court filing fees, attorney's fees, escrow fees, lien recording fees, judgment and lien search fees, finders' fees, commissions, and other payments to a broker or other intermediary, except that the term does not include preexisting obligations of the payee payable for the payee's account from the proceeds of a transfer.
(21)"Transferee" means a party acquiring or proposing to acquire structured settlement payment rights through a transfer.
End

Plain-English Summary

The longest section in the chapter, and several definitions exist to make the disclosure comparable across offers.

Three money terms do the work of the disclosure provision. "Gross advance amount" is what the payee gets before any reductions for transfer expenses. "Net advance amount" is that figure less the transfer expenses the chapter requires be disclosed. "Transfer expenses" is defined expansively — court filing fees, attorney’s fees, escrow and lien fees, finders’ fees, commissions, and other payments to a broker or intermediary — excluding the payee’s own preexisting obligations.

"Discounted present value" is the honest number, and the definition removes any discretion in producing it: the present value of the future payments discounted using the most recently published Applicable Federal Rate issued by the Internal Revenue Service.

Requiring a published external rate means every offer is measured the same way, so a payee can see what the payments are worth against what they are being offered.

"Interested party" lists five: the payee, any irrevocably designated death beneficiary, the annuity issuer, the structured settlement obligor, and any other party with continuing rights or obligations.

"Dependents" includes a spouse, minor children, and all others the payee is legally obligated to support, including alimony — which matters because the approval finding must take their welfare into account.

"Transfer" is broad — sale, assignment, pledge, hypothecation, or other alienation or encumbrance for consideration — with a carve-out for a blanket security interest granted to an insured depository institution where no step is taken to redirect the payments.

"Court" is the court that approved the settlement, or where it no longer has jurisdiction, a statutory county, statutory probate, or district court where the payee resides.

Frequently Asked Questions

What is the discounted present value?

The present value of the payments being sold, discounted using the most recently published Applicable Federal Rate issued by the IRS — an external standard so offers are comparable.

What is the difference between gross and net advance amount?

Gross is what you are paid before deductions. Net is that figure less the transfer expenses, which include broker and finder fees.

Who is an interested party?

The payee, any irrevocably designated death beneficiary, the annuity issuer, the structured settlement obligor, and any other party with continuing rights or obligations.

Does a bank security interest count as a transfer?

Not a blanket security interest with an insured depository institution, absent action to redirect the payments or enforce against them.

Amendment History

  • Added by Acts 2001, 77th Leg., ch. 96, Sec. 1, eff. Sept. 1, 2001.
  • Amended by Acts 2003, 78th Leg., ch. 578, Sec. 1, eff. Sept. 1, 2003.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source