By Dutton                                              H.B. No. 873
         77R2096 MCK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to a settlement offer in a suit for modification of an
 1-3     order in a suit affecting the parent-child relationship.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter A, Chapter 156, Family Code, is
 1-6     amended by adding Section 156.007 to read as follows:
 1-7           Sec. 156.007.  EFFECT OF SETTLEMENT OFFER.  (a)  A party to a
 1-8     suit for modification who rejects a settlement offer made in
 1-9     compliance with Subsection (b) may be awarded attorney's fees
1-10     incurred after the date the offer of settlement is made only if the
1-11     court order finally rendered is more favorable to the party than
1-12     the offer of settlement.
1-13           (b)  A party to a suit for modification may serve on another
1-14     party a settlement offer under this section.  The settlement offer
1-15     must:
1-16                 (1)  be in writing;
1-17                 (2)  state that it is a settlement offer under this
1-18     section;
1-19                 (3)  offer to settle a claim as specified in the offer;
1-20     and
1-21                 (4)  offer to allow an order to be rendered in
1-22     accordance with the terms of the offer.
1-23           (c)  To recover attorney's fees under this section a party
1-24     must be represented by an attorney.
 2-1           SECTION 2.  This Act takes effect September 1, 2001, and
 2-2     applies only to a suit for modification of an order providing for
 2-3     the conservatorship or support of a child, or the possession of or
 2-4     access to a child that is filed on or after that date.  A suit for
 2-5     modification that is filed before the effective date of this Act is
 2-6     governed by the law in effect on the date the suit was filed, and
 2-7     the former law is continued in effect for that purpose.