By Goodman H.B. No. 2665
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to mediated settlement agreements.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. The Civil Practice & Remedies Code is amended by
1-5 adding new subsections (d) and (e) to Section 154.071 of the Texas
1-6 Civil Practice and Remedies Code to read as follows:
1-7 (d) A mediated settlement agreement is subject to revocation
1-8 by a party before rendition of judgment, unless:
1-9 (1) the settlement agreement specifically states that
1-10 the agreement is not subject to revocation; and
1-11 (2) the settlement agreement is signed by an attorney
1-12 for the party.
1-13 (e) If a mediated settlement agreement meets the
1-14 requirements of subsection (d), subparts (1) and (2), a party is
1-15 entitled to judgment on the mediated settlement agreement.
1-16 SECTION 2. The importance of this legislation and the
1-17 crowded condition of the calendars in both houses create an
1-18 emergency and an imperative public necessity that the
1-19 constitutional rule requiring bills to be read on three several
1-20 days in each house be suspended, and this rule is hereby suspended,
1-21 and that this Act take effect and be in force from and after its
1-22 passage, and it is so enacted.
1-23 COMMITTEE AMENDMENT NO. 1
2-1 Amend H.B. 2665 as follows:
2-2 On page 1, line 8, after the word "judgment,", add or decree.
2-3 On page 1, delete lines 9 through 12 and substitute the
2-4 following:
2-5 (1) the settlement agreement contains, in a separate
2-6 paragraph, an underlined statement that the settlement agreement is
2-7 not subject to revocation; and
2-8 (2) the settlement agreement is signed by each party
2-9 to the settlement agreement; and
2-10 (3) if the party has an attorney representing the
2-11 party in the matter being mediated, the party's attorney shall
2-12 approve the settlement agreement if the party's attorney is present
2-13 when the settlement agreement is executed.
2-14 Hilbert