Amend CSHB 748 (house committee report) as follows:

(1)  On page 2, lines 8 and 11, strike "party" and substitute "person, including a party," in each place it appears.

(2)  On page 2, line 14, strike "The" and substitute "(a) Subject to Subsection (b) of this section, the".

(3)  On page 2, between lines 16 and 17, insert the following:

(b)  A person, including a party, may not enforce or attempt to enforce an agreement or a provision of an agreement described by Section 129C.002, Civil Practice and Remedies Code, as added by this Act, entered into before the effective date of this Act unless the person obtains a declaratory judgment under Chapter 37, Civil Practice and Remedies Code, that is final and not subject to appeal and declares that the agreement or provision is enforceable.