By: Moncrief S.B. No. 159
A BILL TO BE ENTITLED
AN ACT
1-1 relating to suits affecting the parent-child relationship.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Chapter 11, Family Code, is amended by adding
1-4 Subchapter C to read as follows:
1-5 SUBCHAPTER C. MEDIATION OF CONTESTED ISSUES
1-6 Sec. 11.81. REFERRAL TO MEDIATION. (a) A court shall refer
1-7 to mediation each issue that relates to the access to, possession
1-8 or conservatorship of, or support for a child and that is contested
1-9 in a suit affecting the parent-child relationship that is joined,
1-10 as required by Section 3.55 of this code, with a suit for divorce,
1-11 for annulment, or to declare a marriage void.
1-12 (b) The court shall set the contested issues for mediation
1-13 before the case is set for hearing.
1-14 Sec. 11.82. APPOINTMENT OF MEDIATOR. (a) The court shall
1-15 make available a list of mediators for selection by the parties or
1-16 their attorneys of record. The parties or their attorneys of
1-17 record shall select a mediator within 10 days of the filing of the
1-18 respondent's answer.
1-19 (b) Should the parties or their attorneys of record fail to
1-20 select a mediator within 10 days of the filing of the respondent's
1-21 answer, the court shall appoint a mediator.
1-22 Sec. 11.83. CASES OF VIOLENCE OR ABUSE. (a) Any person who
1-23 is a party to a suit involving custody, possession, or support of a
2-1 child may request a separate meeting with the mediator.
2-2 (b) In a case in which violence has been alleged by a party,
2-3 the mediator shall, at the request of a party, meet separately with
2-4 the parties.
2-5 (c) In a case in which child abuse is alleged in the
2-6 mediation and the mediator has cause to believe that there is a
2-7 factual foundation for the allegation, the mediator shall:
2-8 (1) notify the parties of the requirement to report
2-9 suspected child abuse; and
2-10 (2) report to the proper agency in accordance with
2-11 Chapter 34 of this code.
2-12 Sec. 11.84. COMPENSATION OF THE MEDIATOR. (a) The court
2-13 may set a reasonable fee for the services of a mediator.
2-14 (b) The court shall include a mediator's fee with the other
2-15 costs of the suit unless the parties agree to an alternate method
2-16 of payment.
2-17 SECTION 2. Subsections (a) and (b), Section 14.08, Family
2-18 Code, are amended to read as follows:
2-19 (a) A court order or the portion of a decree that provides
2-20 for the support of a child or the appointment of a conservator or
2-21 that sets the terms and conditions of conservatorship for, support
2-22 for, or access to a child may be modified only by the filing of a
2-23 motion in the court having continuing, exclusive jurisdiction of
2-24 the suit affecting the parent-child relationship as provided by
2-25 Section 11.05 of this code, and only after the parties have
3-1 attempted alternative dispute resolution procedures. Any party
3-2 affected by the order or the portion of the decree to be modified
3-3 may file the motion or request that the parties attempt an
3-4 alternative dispute resolution procedure.
3-5 (b) The provisions of the Texas Rules of Civil Procedure
3-6 applicable to the filing of an original lawsuit and Subchapter C of
3-7 Chapter 11 of this code apply to a motion to modify under this
3-8 section and to a petition requesting further action under Section
3-9 11.07 of this code. Each party whose rights, privileges, duties,
3-10 or powers may be affected by the motion to modify or by the
3-11 petition requesting further action is entitled to receive notice by
3-12 the service of citation commanding the person to appear by filing a
3-13 written answer. After the filing of an answer, the proceedings are
3-14 referred to mediation under Section 11.81 of this code. After
3-15 completion of mediation the proceedings are conducted in the same
3-16 general manner as in other civil cases.
3-17 SECTION 3. Section 154.002, Civil Practice and Remedies
3-18 Code, is amended to read as follows:
3-19 Sec. 154.002. POLICY. It shall be <is> the policy of this
3-20 state to encourage the peaceable resolution of disputes, with
3-21 special consideration given to disputes involving the parent-child
3-22 relationship, including the mediation of issues involving
3-23 conservatorship, possession, and support of children, and the early
3-24 settlement of pending litigation through voluntary settlement
3-25 procedures.
4-1 SECTION 4. Section 154.003, Civil Practice and Remedies
4-2 Code, is amended to read as follows:
4-3 Sec. 154.003. RESPONSIBILITY OF COURTS AND COURT
4-4 ADMINISTRATORS. It shall be <is> the responsibility of all trial
4-5 and appellate courts and their court administrators to carry out
4-6 the policy under Section 154.002.
4-7 SECTION 5. Subchapter A, Chapter 154, Civil Practice and
4-8 Remedies Code, is amended by adding Section 154.004 to read as
4-9 follows:
4-10 Sec. 154.004. IMPLEMENTATION OF STATE POLICY. Each court
4-11 shall plan and implement a system of referral of cases to an
4-12 alternative dispute resolution procedure that will carry out the
4-13 policy stated under Section 154.002.
4-14 SECTION 6. The importance of this legislation and the
4-15 crowded condition of the calendars in both houses create an
4-16 emergency and an imperative public necessity that the
4-17 constitutional rule requiring bills to be read on three several
4-18 days in each house be suspended, and this rule is hereby suspended,
4-19 and that this Act take effect and be in force from and after its
4-20 passage, and it is so enacted.