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A BILL TO BE ENTITLED
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AN ACT
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relating to settlement offers in certain civil actions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 42.002(c), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(c) This chapter does not apply until a party to the action |
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[defendant] files a declaration that the settlement procedure |
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allowed by this chapter is available in the action. The [If there is
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more than one defendant, the] settlement procedure allowed by this |
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chapter is available only in relation to the party [defendant] that |
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filed the declaration and to the parties that make or receive offers |
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of settlement in relation to that party [defendant]. |
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SECTION 2. Section 42.005(b), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(b) The rules promulgated by the supreme court must provide: |
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(1) the date by which a party to the action [defendant
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or defendants] must file the declaration required by Section |
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42.002(c); |
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(2) the date before which a party may not make a |
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settlement offer; |
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(3) the date after which a party may not make a |
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settlement offer; and |
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(4) procedures for: |
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(A) making an initial settlement offer; |
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(B) making successive settlement offers; |
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(C) withdrawing a settlement offer; |
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(D) accepting a settlement offer; |
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(E) rejecting a settlement offer; and |
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(F) modifying the deadline for making, |
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withdrawing, accepting, or rejecting a settlement offer. |
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SECTION 3. (a) The Supreme Court of Texas shall adopt rules |
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implementing the amendment made by this Act to Section 42.005(b), |
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Civil Practice and Remedies Code. The rules must be in effect on |
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January 1, 2020. |
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(b) The changes in law made by this Act apply only to a civil |
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action filed on or after January 1, 2020. An action filed before |
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January 1, 2020, including an action filed before that date on which |
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a party is joined or designated after that date, is governed by the |
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law as it existed immediately before the effective date of this Act, |
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and that law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2019. |