BILL ANALYSIS C.S.H.B. 2570 By: Brady 05-05-95 Committee Report (Substituted) BACKGROUND Texas courts are currently severely overcrowded. The Legislature has been unable to create new courts as a result of the refusal of the U.S. Department of Justice to grant pre-clearance. Family law matters relating to the care, custody, and welfare of children make up a substantial percentage of that court backlog and access to the district courts is cost prohibitive and very time consuming for litigants. PURPOSE C.S.H.B. 2570 allows a district judge that has jurisdiction over family matters to refer cases regarding the care, custody, and welfare of a child to arbitration in an effort to expedite the litigation process. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 102, Family Code, as added by House Bill 655, Acts of the 74th Legislature, Regular Session, 1995, by adding Section 102.014 as follows: Sec. 102.014. ARBITRATION. Allows a party to a suit affecting the parent-child relationship to apply to the court in which their suit is filed for referral to arbitration. Provides that the parties may agree to participate without an attorney. Applies rules of procedure under Chapter 154, Civil Practice and Remedies Code to procedures under this section. Allows each party to address the arbitrator for a limited time established by the arbitrator. Allows the arbitrator to recommend to the court a course of action which is in the best interest of the child. Requires costs to be agreed to by the parties. Stipulates that the court in which the suit was brought is the court of continuing jurisdiction. Allows an order modified under this section to be modified in the manner provided by Chapter 156 and enforced as provided by Chapter 157. SECTION 2. Effective Date: September 1, 1995. Makes application of this Act prospective. SECTION 3. Emergency Clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2570 reflects the recodification of Title II, Family Code, as enacted by House Bill 655, Acts of the 74th Legislature, Regular Session, 1995. The substitute bill clarifies that a procedure under this Act is an arbitration proceeding and clarifies that the court in which the suit is brought is the court of continuing jurisdiction. C.S.H.B. 2570 also clarifies that any order under this section may be modified in the manner provided by Chapter 156, and enforced as provided by Chapter 157. SUMMARY OF COMMITTEE ACTION H.B. 2570 was considered in a public hearing on April 12, 1995. The following persons testified in favor of H.B. 2570: Norma Willcockson, representing herself; Brent Sandbak, representing himself and Texas Fathers; Richard G. Eigell, representing himself; Patti Derr, representing herself; Janice Sager, representing herself; Sandra Martin, representing herself. The following persons testified neutrally on the bill: Howard Baldwin, Department of Protective and Regulatory Services; Robert L. Green Jr., representing himself, Primary Nurturing Fathers of Texas/Texas Fathers Alliance. The bill was left pending in committee. In a public hearing on May 3, 1995, the committee considered a complete substitute for H.B. 2570 which was adopted without objection. The committee reported H.B. 2570 favorably as substituted with the recommendation that it do pass and be printed by a record vote of 8 ayes, 0 nays, 0 pnv, 1 absent.