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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