Texas CPRC ch.141, quoted verbatim
Selling a structured settlement in Texas
What Texas CPRC ch.141 requires before payment rights can be transferred, quoted from the statute and dated: 3 of 5 questions answered on the pages read here, the rest recorded as absences naming what was read.
- requirements quoted word for word
- 3
- questions the section does not answer
- 2
- the day these pages were read
- 2026-09-11
Where this jurisdiction stands
No transfer is effective without a final court order making three express findings
Every requirement, as Texas CPRC ch.141 states it
| The question | What the statute says | Source |
|---|---|---|
| Whether a court has to approve the transfer | No direct or indirect transfer of structured settlement payment rights shall be effective and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly to any transferee of structured settlement payment rights unless the transfer has been approved in advance in a final court order based on express findings by the court | Texas Civil Practice and Remedies Code, Chapter 141 read September 2026 |
| What the court has to find | best interest of the payee, taking into account the welfare and support of the payee's dependents; (2) the payee has been advised in writing by the transferee to seek independent professional advice regarding the transfer and has either received the advice or knowingly waived the advice in writing; and (3) the transfer does not contravene any applicable statute or an order of any court or other go | Texas Civil Practice and Remedies Code, Chapter 141 read September 2026 |
| Whether the payee must be told to take advice | Independent professional advice" means advice of an attorney, certified public accountant, actuary, or other licensed professional adviser. | Texas Civil Practice and Remedies Code, Chapter 141 read September 2026 |
| What the buyer must disclose, and when | Texas Civil Practice and Remedies Code, Chapter 141 does not address this on the section read here (Texas Civil Practice and Remedies Code, Chapter 141, read September 2026). Chapter 141's findings require that the payee was advised in writing to seek independent professional advice, but the chapter text read here does not set out a separate itemised disclosure statement with a deadline and a typeface in the way Florida's section does. | Texas Civil Practice and Remedies Code, Chapter 141 read September 2026 |
| What happens if there is no approval | Texas Civil Practice and Remedies Code, Chapter 141 does not address this on the section read here (Texas Civil Practice and Remedies Code, Chapter 141, read September 2026). The chapter's sanction is that the transfer is simply not effective and the obligor need not pay the transferee, rather than a penalty on the buyer. The 40 percent federal excise under 26 U.S.C. 5891 is the charge that follows an unapproved transfer. | Texas Civil Practice and Remedies Code, Chapter 141 read September 2026 |
An absence here means we have no quotation, never that the requirement does not exist.
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Texas: 3 transfer-law requirements quoted verbatim from the statute and 2 recorded absences (Structured Settlement Compare US Transfer-Law Record).
Cite as: "Structured Settlement Compare US Transfer-Law Record: Texas", updated 2026-09-11, https://structuredsettlementcompare.com/law/texas/.
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