HBA-CBW H.B. 873 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 873
By: Dutton
Juvenile Justice & Family Issues
3/5/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, settlement of disputes relating to a suit affecting the
parent-child relationship is encouraged.  However, even with the
encouragement of such settlements and the implementation of guidelines for
child support payment, parties have not been sufficiently moved toward
settlement.  House Bill 873 provides that a party to a lawsuit affecting
the parent-child relationship who rejects a settlement offer may be awarded
attorney's fees incurred after the date the settlement offer is made only
if the court order finally rendered is more favorable to the party than the
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. 

ANALYSIS

House Bill 873 amends the Family Code to authorize a party to a suit for
modification of an order that provides for the conservatorship, support, or
possession of and access to a child who rejects a settlement offer to be
awarded attorney's fees incurred after the date the offer of settlement  is
made only if the court order finally rendered is more favorable to the
party than the offer of settlement.  The bill authorizes a party to a suit
for modification to serve on another party a settlement offer. The bill
provides that a 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.  The bill provides that to recover attorney's fees a party must be
represented by an attorney. 

EFFECTIVE DATE

September 1, 2001.