HBA-SEB H.B. 2715 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2715
By: Dutton
Juvenile Justice and Family Issues
4/21/1999
Introduced



BACKGROUND AND PURPOSE 

Current law provides for modification of child support orders and orders
governing possession of and access to a child.  H.B. 2715 authorizes a
party to a suit for modification to serve a settlement offer on another
party.  This bill also provides that a party to such a suit is entitled to
receive attorney's fees only if the final court order is more favorable to
the party than a settlement offer.    

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter A, Chapter 156, Family Code, by adding
Section 156.007, as follows: 

Sec. 156.007.  EFFECT OF SETTLEMENT OFFER.  Authorizes a party to a suit
for modification who rejects a settlement offer to be awarded attorney's
fees incurred after the date the offer of settlement is made only if the
final court order is more favorable to the party than the settlement offer.
Authorizes a party to a suit for modification to serve on another party a
settlement offer.  Provides that the settlement offer must be in writing,
state that it is a settlement offer, offer to settle a claim as specified
in the offer, and offer to allow an order to be rendered in accordance with
the terms of the offer.  Establishes that a party must be represented by an
attorney to recover attorney's fees under this section.   

SECTION 2.  Effective date: September 1, 1999.
            Makes application of this Act prospective. 

SECTION 3.  Emergency clause.