Bill Text: TX HB2500 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to settlement offers in certain civil actions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-03-11 - Referred to Judiciary & Civil Jurisprudence [HB2500 Detail]

Download: Texas-2019-HB2500-Introduced.html
  86R12745 BRG-D
 
  By: J. Johnson of Dallas H.B. No. 2500
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to settlement offers in certain civil actions.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 42.002(c), Civil Practice and Remedies
  Code, is amended to read as follows:
         (c)  This chapter does not apply until a party to the action
  [defendant] files a declaration that the settlement procedure
  allowed by this chapter is available in the action. The [If there is
  more than one defendant, the] settlement procedure allowed by this
  chapter is available only in relation to the party [defendant] that
  filed the declaration and to the parties that make or receive offers
  of settlement in relation to that party [defendant].
         SECTION 2.  Section 42.005(b), Civil Practice and Remedies
  Code, is amended to read as follows:
         (b)  The rules promulgated by the supreme court must provide:
               (1)  the date by which a party to the action [defendant
  or defendants] must file the declaration required by Section
  42.002(c);
               (2)  the date before which a party may not make a
  settlement offer;
               (3)  the date after which a party may not make a
  settlement offer; and
               (4)  procedures for:
                     (A)  making an initial settlement offer;
                     (B)  making successive settlement offers;
                     (C)  withdrawing a settlement offer;
                     (D)  accepting a settlement offer;
                     (E)  rejecting a settlement offer; and
                     (F)  modifying the deadline for making,
  withdrawing, accepting, or rejecting a settlement offer.
         SECTION 3.  (a) The Supreme Court of Texas shall adopt rules
  implementing the amendment made by this Act to Section 42.005(b),
  Civil Practice and Remedies Code. The rules must be in effect on
  January 1, 2020.
         (b)  The changes in law made by this Act apply only to a civil
  action filed on or after January 1, 2020. An action filed before
  January 1, 2020, including an action filed before that date on which
  a party is joined or designated after that date, is governed by the
  law as it existed immediately before the effective date of this Act,
  and that law is continued in effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2019.
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