86R12745 BRG-D
By: J. Johnson of Dallas H.B. No. 2500
A BILL TO BE ENTITLED
AN ACT
relating to settlement offers in certain civil actions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 42.002(c), Civil Practice and Remedies
Code, is amended to read as follows:
(c) This chapter does not apply until a party to the action
[defendant] files a declaration that the settlement procedure
allowed by this chapter is available in the action. The [If there is
more than one defendant, the] settlement procedure allowed by this
chapter is available only in relation to the party [defendant] that
filed the declaration and to the parties that make or receive offers
of settlement in relation to that party [defendant].
SECTION 2. Section 42.005(b), Civil Practice and Remedies
Code, is amended to read as follows:
(b) The rules promulgated by the supreme court must provide:
(1) the date by which a party to the action [defendant
or defendants] must file the declaration required by Section
42.002(c);
(2) the date before which a party may not make a
settlement offer;
(3) the date after which a party may not make a
settlement offer; and
(4) procedures for:
(A) making an initial settlement offer;
(B) making successive settlement offers;
(C) withdrawing a settlement offer;
(D) accepting a settlement offer;
(E) rejecting a settlement offer; and
(F) modifying the deadline for making,
withdrawing, accepting, or rejecting a settlement offer.
SECTION 3. (a) The Supreme Court of Texas shall adopt rules
implementing the amendment made by this Act to Section 42.005(b),
Civil Practice and Remedies Code. The rules must be in effect on
January 1, 2020.
(b) The changes in law made by this Act apply only to a civil
action filed on or after January 1, 2020. An action filed before
January 1, 2020, including an action filed before that date on which
a party is joined or designated after that date, is governed by the
law as it existed immediately before the effective date of this Act,
and that law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2019.