1-1 By: Brown S.B. No. 1240
1-2 (In the Senate - Filed March 10, 1995; March 16, 1995, read
1-3 first time and referred to Committee on Jurisprudence;
1-4 April 19, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; April 19, 1995,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1240 By: Henderson
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to mediated settlement agreements.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 154.071, Civil Practice and Remedies
1-13 Code, is amended by adding Subsections (d) and (e) to read as
1-14 follows:
1-15 (d) A mediated settlement agreement is subject to revocation
1-16 by a party before rendition of judgment or decree, unless:
1-17 (1) the settlement agreement contains, in a separate
1-18 paragraph, an underlined statement that the settlement agreement is
1-19 not subject to revocation;
1-20 (2) the settlement agreement is signed by each party
1-21 to the settlement agreement; and
1-22 (3) if the party has an attorney representing the
1-23 party in the matter being mediated, the party's attorney approves
1-24 the settlement agreement if the party's attorney is present when
1-25 the settlement agreement is signed.
1-26 (e) If a mediated settlement agreement meets the
1-27 requirements of Subsection (d), a party is entitled to judgment or
1-28 decree on the mediated settlement agreement.
1-29 SECTION 2. The importance of this legislation and the
1-30 crowded condition of the calendars in both houses create an
1-31 emergency and an imperative public necessity that the
1-32 constitutional rule requiring bills to be read on three several
1-33 days in each house be suspended, and this rule is hereby suspended,
1-34 and that this Act take effect and be in force from and after its
1-35 passage, and it is so enacted.
1-36 * * * * *