1-1 By: Bomer (Senate Sponsor - Turner) H.B. No. 674
1-2 (In the Senate - Received from the House May 5, 1993;
1-3 May 6, 1993, read first time and referred to Committee on
1-4 Jurisprudence; May 25, 1993, reported favorably by the following
1-5 vote: Yeas 4, Nays 1; May 25, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Henderson x
1-9 Harris of Tarrant x
1-10 Brown x
1-11 Harris of Dallas x
1-12 Luna x
1-13 Parker x
1-14 West x
1-15 A BILL TO BE ENTITLED
1-16 AN ACT
1-17 relating to the authority of a court to refer a case to alternative
1-18 dispute resolution.
1-19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-20 SECTION 1. Section 154.021, Civil Practice and Remedies
1-21 Code, is amended to read as follows:
1-22 Sec. 154.021. Referral of Pending Disputes for Alternative
1-23 Dispute Resolution Procedure. (a) Except as limited by Subsection
1-24 (c), a <A> court may, on its own motion or the motion of a party,
1-25 refer a pending dispute for resolution by an alternative dispute
1-26 resolution procedure including:
1-27 (1) an alternative dispute resolution system
1-28 established under Chapter 152 <26, Acts of the 68th Legislature,
1-29 Regular Session, 1983 (Article 2372aa, Vernon's Texas Civil
1-30 Statutes)>;
1-31 (2) a dispute resolution organization; or
1-32 (3) a nonjudicial and informally conducted forum for
1-33 the voluntary settlement of citizens' disputes through the
1-34 intervention of an impartial third party, including those
1-35 alternative dispute resolution procedures described under this
1-36 subchapter.
1-37 (b) The court shall confer with the parties in the
1-38 determination of the most appropriate alternative dispute
1-39 resolution procedure.
1-40 (c) The court may not refer a dispute for alternative
1-41 dispute resolution if any of the following motions are pending
1-42 before the court in that dispute:
1-43 (1) a motion to transfer venue; or
1-44 (2) a motion for special appearance.
1-45 SECTION 2. This Act takes effect September 1, 1993, and
1-46 applies only to disputes referred under Section 154.021(a), Civil
1-47 Practice and Remedies Code, on or after that date. A dispute
1-48 referred under that section before September 1, 1993, is governed
1-49 by the law as it existed on the date the dispute was referred, and
1-50 that law is continued in effect for that purpose.
1-51 SECTION 3. The importance of this legislation and the
1-52 crowded condition of the calendars in both houses create an
1-53 emergency and an imperative public necessity that the
1-54 constitutional rule requiring bills to be read on three several
1-55 days in each house be suspended, and this rule is hereby suspended.
1-56 * * * * *
1-57 Austin,
1-58 Texas
1-59 May 25, 1993
1-60 Hon. Bob Bullock
1-61 President of the Senate
1-62 Sir:
1-63 We, your Committee on Jurisprudence to which was referred H.B.
1-64 No. 674, have had the same under consideration, and I am instructed
1-65 to report it back to the Senate with the recommendation that it do
1-66 pass and be printed.
1-67 Henderson,
1-68 Chairman
2-1 * * * * *
2-2 WITNESSES
2-3 FOR AGAINST ON
2-4 ___________________________________________________________________
2-5 Name: Tom Forbes x
2-6 Representing: Assn of Atty Mediators
2-7 City: Austin
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