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.