By Cuellar of Webb H.B. No. 1245
74R2963 MJW-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to mediation of certain contested issues in certain suits
1-3 affecting the parent-child relationship.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 11.08(b), Family Code, is amended to read
1-6 as follows:
1-7 (b) The petition must include:
1-8 (1) a statement that the court in which the petition
1-9 is filed has continuing jurisdiction or that no court has
1-10 continuing jurisdiction of the suit;
1-11 (2) the name, sex, place and date of birth, and place
1-12 of residence of the child, except that if adoption of a child is
1-13 sought, the name of the child may be omitted;
1-14 (3) the full name, age, and place of residence of the
1-15 petitioner and his relationship to the child or the fact that no
1-16 relationship exists;
1-17 (4) the names, ages, and place of residence of the
1-18 parents, except in a suit in which adoption is sought;
1-19 (5) the name and place of residence of the managing
1-20 conservator, if any, or the child's custodian, if any, appointed by
1-21 an order of the court before January 1, 1974, or by order of a
1-22 court of another state or nation;
1-23 (6) the names and places of residence of the guardians
1-24 of the person and estate of the child, if any;
2-1 (7) the names and places of residence of possessory
2-2 conservators or other persons, if any, having access to the child
2-3 under an order of the court;
2-4 (8) the name and place of residence of the alleged
2-5 father or probable father of the child or a statement that the
2-6 identity of the father of the child is unknown;
2-7 (9) a full description and statement of value of all
2-8 property owned or possessed by the child;
2-9 (10) a statement describing what action the court is
2-10 requested to make concerning the child and the statutory grounds on
2-11 which the request is made; <and>
2-12 (11) if the petitioner desires mediation, a request
2-13 that the court order mediation of a dispute for which mediation is
2-14 not mandatory under Subchapter C, Chapter 11; and
2-15 (12) any other information required by other
2-16 provisions of this subtitle.
2-17 SECTION 2. Section 11.11(a), Family Code, is amended to read
2-18 as follows:
2-19 (a) In a suit affecting the parent-child relationship, the
2-20 court may make any temporary order, including the modification of a
2-21 prior temporary order, for the safety and welfare of the child,
2-22 including but not limited to an order:
2-23 (1) for the temporary conservatorship of the child;
2-24 (2) for the temporary support of the child;
2-25 (3) restraining any party from molesting or disturbing
2-26 the peace of the child or another party;
2-27 (4) prohibiting a person from removing the child
3-1 beyond a geographical area identified by the court; <or>
3-2 (5) ordering the parties to mediate each contested
3-3 issue that relates to the child; or
3-4 (6) for payment of reasonable attorney's fees, and
3-5 expenses.
3-6 SECTION 3. Chapter 11, Family Code, is amended by adding
3-7 Subchapter C to read as follows:
3-8 SUBCHAPTER C. MANDATORY MEDIATION
3-9 Sec. 11.91. COURT TO ORDER MEDIATION. (a) Before setting a
3-10 case for final hearing, a court shall order mediation of each
3-11 contested issue that relates to access to, possession of, or
3-12 conservatorship of a child in a suit affecting the parent-child
3-13 relationship that:
3-14 (1) is joined, as required by Section 3.55, with a
3-15 suit for divorce or annulment or to declare a marriage void;
3-16 (2) is filed under Chapter 13 to establish paternity
3-17 of a child; or
3-18 (3) seeks modification of a decree or order related to
3-19 access to, possession of, or conservatorship of a child.
3-20 (b) The court may order, or, at the request of a party,
3-21 shall order, mediation of each contested issue that relates to
3-22 support of a child in a suit affecting the parent-child
3-23 relationship that:
3-24 (1) is described by Subsection (a)(1) or (2); or
3-25 (2) seeks modification of a decree or order related to
3-26 support of a child.
3-27 (c) The court shall set the contested issues for mediation
4-1 before the case is set for hearing.
4-2 Sec. 11.92. APPOINTMENT OF MEDIATOR. (a) A mediator
4-3 appointed under this subchapter must be an impartial third party
4-4 who meets the qualifications of Section 154.052, Civil Practice and
4-5 Remedies Code.
4-6 (b) The parties or their attorneys of record shall select a
4-7 mediator by the earlier of:
4-8 (1) the date set for a hearing on a motion for
4-9 temporary orders, if applicable; or
4-10 (2) the 10th day after the date on which the
4-11 respondent files an answer.
4-12 (c) The court shall appoint a mediator if the parties fail
4-13 to select a mediator as required by Subsection (b).
4-14 Sec. 11.93. DUTIES AND AUTHORITY OF MEDIATOR. (a) A
4-15 mediator shall:
4-16 (1) facilitate communication between the parties to
4-17 promote an agreement concerning contested issues;
4-18 (2) communicate to the parties information regarding:
4-19 (A) the effect on the child of dissolution of a
4-20 marriage;
4-21 (B) the effect on the child of litigation of
4-22 issues related to access to or possession, conservatorship, or
4-23 support of the child; and
4-24 (C) possible ways to ameliorate the detrimental
4-25 aspects of dissolution of a marriage or litigation relating to the
4-26 child; and
4-27 (3) report promptly to the parties' counsel the terms
5-1 of an agreement reached by the parties.
5-2 Sec. 11.94. SEPARATE MEETING WITH MEDIATOR. A person who is
5-3 a party to a suit affecting the parent-child relationship in which
5-4 mediation is ordered under this subchapter may request a separate
5-5 meeting with the mediator.
5-6 Sec. 11.95. ALLEGED VIOLENCE OR ABUSE. (a) In a suit that
5-7 is ordered to mediation under this subchapter in which a party
5-8 alleges that the other party has committed family violence, as that
5-9 term is defined by Section 71.01, the mediator may, and at the
5-10 request of a party shall, meet separately with the parties.
5-11 (b) In a suit that is ordered to mediation under this
5-12 subchapter in which child abuse, as that term is defined by Section
5-13 34.012, is alleged in the mediation and the mediator reasonably
5-14 believes that there is factual foundation for the allegation, the
5-15 mediator shall:
5-16 (1) notify the parties of the requirement to report
5-17 suspected child abuse under Chapter 34; and
5-18 (2) report the suspected child abuse.
5-19 Sec. 11.96. CONFIDENTIALITY OF COMMUNICATIONS. Except as
5-20 otherwise provided by this subchapter, a communication made by a
5-21 participant in a mediation proceeding under this subchapter is
5-22 confidential in the manner provided by Section 154.073, Civil
5-23 Practice and Remedies Code.
5-24 Sec. 11.97. EFFECT OF AGREEMENT. (a) The court may
5-25 incorporate an agreement reached through mediation into an order of
5-26 the court only if each party, or the party's counsel of record,
5-27 affirms the agreement in open court or by written stipulation.
6-1 (b) A memorandum of a mediation agreement is not binding on
6-2 the parties unless it is incorporated into a court order under
6-3 Subsection (a).
6-4 Sec. 11.98. COMPENSATION OF MEDIATOR. (a) The court may
6-5 set a reasonable fee for the services of a mediator to whom a suit
6-6 is referred under this subchapter.
6-7 (b) The court may include a mediator's fee with other costs
6-8 of the suit and may order that the fee be paid directly to the
6-9 mediator. The mediator may seek enforcement in the mediator's name
6-10 of a court order relating to payment of the mediator's fee.
6-11 Sec. 11.99. OBJECTION TO MEDIATION. This subchapter does
6-12 not preclude a party from filing a motion objecting to a referral
6-13 of a suit to mediation and requesting a hearing on the motion under
6-14 Section 154.022, Civil Practice and Remedies Code.
6-15 SECTION 4. Sections 14.08(a) and (b), Family Code, are
6-16 amended to read as follows:
6-17 (a) A court order or the portion of a decree that provides
6-18 for the support of a child or the appointment of a conservator or
6-19 that sets the terms and conditions of conservatorship for, support
6-20 for, or access to a child may be modified only by the filing of a
6-21 motion in the court having continuing, exclusive jurisdiction of
6-22 the suit affecting the parent-child relationship as provided by
6-23 Section 11.05 of this code. Any party affected by the order or the
6-24 portion of the decree to be modified may:
6-25 (1) file the motion; or
6-26 (2) before filing the motion, request that the court
6-27 order mediation of the dispute in a suit in which mediation is not
7-1 mandatory under Subchapter C, Chapter 11, unless there is a serious
7-2 and immediate issue relating to the child's welfare.
7-3 (b) The provisions of the Texas Rules of Civil Procedure
7-4 applicable to the filing of an original lawsuit and Subchapter C,
7-5 Chapter 11, apply to a motion to modify under this section and to a
7-6 petition requesting further action under Section 11.07 of this
7-7 code. Each party whose rights, privileges, duties, or powers may
7-8 be affected by the motion to modify or by the petition requesting
7-9 further action is entitled to receive notice by the service of
7-10 citation commanding the person to appear by filing a written
7-11 answer. After the filing of an answer, and referral to and
7-12 completion of mediation under Subchapter C, Chapter 11, if
7-13 applicable, the proceedings are conducted in the same general
7-14 manner as in other civil cases.
7-15 SECTION 5. The change in law made by this Act applies only
7-16 to a suit affecting the parent-child relationship commenced on or
7-17 after the effective date of this Act.
7-18 SECTION 6. This Act takes effect September 1, 1995.
7-19 SECTION 7. The importance of this legislation and the
7-20 crowded condition of the calendars in both houses create an
7-21 emergency and an imperative public necessity that the
7-22 constitutional rule requiring bills to be read on three several
7-23 days in each house be suspended, and this rule is hereby suspended.