74R11133 JMM-D
          By Brady                                              H.B. No. 2570
          Substitute the following for H.B. No. 2570:
          By Cook                                           C.S.H.B. No. 2570
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the arbitration of certain disputes involving the
    1-3  custody or welfare of a child.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 102, Family Code, as added by House Bill
    1-6  655, Acts of the 74th Legislature, Regular Session, 1995, is
    1-7  amended by adding Section 102.014 to read as follows:
    1-8        Sec. 102.014.  ARBITRATION.  (a)  A party to a suit affecting
    1-9  the parent-child relationship may apply to the court in which the
   1-10  suit is filed for referral of the proceeding to arbitration for
   1-11  final disposition.  A request for a referral may be made at any
   1-12  time before a final order is rendered in the suit.  Each party to
   1-13  the suit must agree to the referral to arbitration before the suit
   1-14  may be heard by an arbitrator.
   1-15        (b)  A party to a proceeding heard by an arbitrator may agree
   1-16  to participate in the proceeding without an attorney.
   1-17        (c)  Arbitration of a dispute under this section shall be
   1-18  governed by the procedures under Chapter 154, Civil Practice and
   1-19  Remedies Code.
   1-20        (d)  In an arbitration proceeding under this section, each
   1-21  party shall be provided an opportunity to address the arbitrator on
   1-22  any issue in the proceeding for a limited time established by the
   1-23  arbitrator, and the arbitrator may question the parties on the
   1-24  issues raised.
    2-1        (e)  On completion of an arbitration proceeding, the
    2-2  arbitrator may propose to the court in which the proceeding is
    2-3  pending an appropriate order that is in the best interest of the
    2-4  child or children.  If the parties reach an agreement as a result
    2-5  of the arbitration proceeding, the arbitrator shall incorporate the
    2-6  agreement into the arbitrator's proposed order.
    2-7        (f)  Costs in an arbitration proceeding shall be the amount
    2-8  agreed to by the parties to the arbitration.
    2-9        (g)  After the arbitrator proposes an order to the court
   2-10  under this section, the court in which the suit was pending before
   2-11  the proceeding was referred to arbitration shall enter the order if
   2-12  the court finds that the order is in the best interests of the
   2-13  child.  The court shall resume jurisdiction of the suit as the
   2-14  court of continuing jurisdiction.  An order under this section may
   2-15  be modified in the manner provided by Chapter 156 and may be
   2-16  enforced as provided by Chapter 157.
   2-17        SECTION 2.  This Act takes effect September 1, 1995, and
   2-18  applies only to a judicial proceeding pending on or after that
   2-19  date.
   2-20        SECTION 3.  The importance of this legislation and the
   2-21  crowded condition of the calendars in both houses create an
   2-22  emergency and an imperative public necessity that the
   2-23  constitutional rule requiring bills to be read on three several
   2-24  days in each house be suspended, and this rule is hereby suspended.