By:  Moncrief                                          S.B. No. 168
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the use of alternative dispute resolution procedures in
    1-2  suits affecting the parent-child relationship.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subsection (b), Section 11.08, Family Code, is
    1-5  amended to read as follows:
    1-6        (b)  The petition must include:
    1-7              (1)  a statement that the court in which the petition
    1-8  is filed has continuing jurisdiction or that no court has
    1-9  continuing jurisdiction of the suit;
   1-10              (2)  the name, sex, place and date of birth, and place
   1-11  of residence of the child, except that if adoption of a child is
   1-12  sought, the name of the child may be omitted;
   1-13              (3)  the full name, age, and place of residence of the
   1-14  petitioner and his relationship to the child or the fact that no
   1-15  relationship exists;
   1-16              (4)  the names, ages, and place of residence of the
   1-17  parents, except in a suit in which adoption is sought;
   1-18              (5)  the name and place of residence of the managing
   1-19  conservator, if any, or the child's custodian, if any, appointed by
   1-20  an order of the court before January 1, 1974, or by order of a
   1-21  court of another state or nation;
   1-22              (6)  the names and places of residence of the guardians
   1-23  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, including but not limited
   2-11  to a request that the court order mediation of any disputes
   2-12  concerning conservatorship, and the statutory grounds on which the
   2-13  request is made; and
   2-14              (11)  any other information required by other
   2-15  provisions of this subtitle.
   2-16        SECTION 2.  Subsection (a), Section 11.11, Family Code, is
   2-17  amended to read as follows:
   2-18        (a)  In a suit affecting the parent-child relationship, the
   2-19  court may make any temporary order, including the modification of a
   2-20  prior temporary order, for the safety and welfare of the child,
   2-21  including but not limited to an order:
   2-22              (1)  for the temporary conservatorship of the child;
   2-23              (2)  for the temporary support of the child;
   2-24              (3)  restraining any party from molesting or disturbing
   2-25  the peace of the child or another party;
    3-1              (4)  prohibiting a person from removing the child
    3-2  beyond a geographical area identified by the court; <or>
    3-3              (5)  requiring the mediation of each contested issue
    3-4  which relates to the child; or
    3-5              (6)  for payment of reasonable attorney's fees<,> and
    3-6  expenses.
    3-7        SECTION 3.  Chapter 11, Family Code, is amended by adding
    3-8  Subchapter C to read as follows:
    3-9                  SUBCHAPTER C.  MANDATORY MEDIATION
   3-10        Sec. 11.81.  COURT TO ORDER MEDIATION.  (a)  Prior to setting
   3-11  a case for final hearing, a court shall order the mediation of each
   3-12  contested issue that relates to access to or possession or
   3-13  conservatorship of a child in a suit affecting the parent-child
   3-14  relationship that:
   3-15              (1)  is joined, as required by Section 3.55 of this
   3-16  code, with a suit for divorce, for annulment, or to declare a
   3-17  marriage void;
   3-18              (2)  is brought, pursuant to Chapter 13 of this code,
   3-19  to establish paternity of a child; or
   3-20              (3)  seeks modification of a decree or order related to
   3-21  access to or possession or conservatorship of a child.
   3-22        (b)  The court may, on its own motion, and the court shall,
   3-23  at the request of any party, order the mediation of each contested
   3-24  issue that relates to support of a child in a suit affecting the
   3-25  parent-child relationship that:
    4-1              (1)  is joined, as required by Section 3.55 of this
    4-2  code, with a suit for divorce, for annulment, or to declare a
    4-3  marriage void;
    4-4              (2)  is brought, pursuant to Chapter 13 of this code,
    4-5  to establish paternity of a child; or
    4-6              (3)  seeks modification of a decree or order related to
    4-7  support of a child.
    4-8        Sec. 11.82.  APPOINTMENT OF MEDIATOR.  (a)  The court shall
    4-9  appoint as a mediator an impartial third party who meets the
   4-10  qualifications of Section 154.052, Civil Practice and Remedies
   4-11  Code.
   4-12        (b)  The parties or their attorneys of record shall select a
   4-13  mediator at the earlier of:
   4-14              (1)  the hearing on a motion for temporary orders; or
   4-15              (2)  within 10 days of the filing of the respondent's
   4-16  answer.
   4-17        (c)  If the parties or their attorneys of record fail to
   4-18  select a mediator within 10 days of the filing of the respondent's
   4-19  answer, the court shall appoint a mediator.
   4-20        (d)  Nothing in this section shall preclude a party from
   4-21  filing an objection to the referral to mediation and requesting a
   4-22  hearing on the issue of the referral pursuant to Section 154.022,
   4-23  Civil Practice and Remedies Code.
   4-24        (e)  The court may enjoin the parties' attorneys of record
   4-25  from participating in the mediation unless the participation is
    5-1  requested by either party.
    5-2        Sec. 11.83.  DUTIES AND AUTHORITY OF MEDIATOR.  A mediator
    5-3  shall:
    5-4              (1)  facilitate communication between the parties to
    5-5  promote an agreement concerning contested issues;
    5-6              (2)  communicate to the parties information regarding
    5-7  the effect the dissolution of a marriage can have on children, the
    5-8  effect the litigation of issues related to access to or possession,
    5-9  conservatorship, or support of a child can have on children, and
   5-10  possible ways to ameliorate the detrimental aspects of such
   5-11  lawsuits; and
   5-12              (3)  report promptly to the parties' attorneys of
   5-13  record the terms of an agreement reached by the parties.
   5-14        Sec. 11.84.  CASES OF ALLEGED VIOLENCE OR ABUSE.  (a)  Any
   5-15  person who is a party to a suit involving custody, possession, or
   5-16  support of a child may request a separate meeting with the
   5-17  mediator.
   5-18        (b)  In a case in which violence has been alleged by a party,
   5-19  the mediator may, in the mediator's discretion, and shall, at the
   5-20  request of a party, meet separately with the parties.
   5-21        (c)  In a case in which child abuse has been alleged during
   5-22  the mediation and the mediator has cause to believe that there is a
   5-23  factual foundation for the allegation, the mediator shall:
   5-24              (1)  notify the parties of the requirement in Chapter
   5-25  34 of this code to report suspected child abuse; and
    6-1              (2)  report to the proper agency in accordance with
    6-2  Chapter 34 of this code.
    6-3        Sec. 11.85.  CONFIDENTIALITY OF COMMUNICATIONS.  Except as
    6-4  otherwise specifically provided, a communication made by a
    6-5  participant in a mediation proceeding under this subchapter is
    6-6  confidential in the manner provided by Section 154.073, Civil
    6-7  Practice and Remedies Code.
    6-8        Sec. 11.86.  EFFECT OF AGREEMENT.  The memorandum of
    6-9  mediation agreement, if any, is not binding on the parties.  The
   6-10  court may incorporate an agreement reached through mediation into
   6-11  an order of the court only if each party, or the party's attorney
   6-12  of record, affirms the agreement in open court or by written
   6-13  stipulation.
   6-14        Sec. 11.87.  COMPENSATION OF MEDIATOR.  In any proceeding in
   6-15  which the court refers a case to mediation pursuant to this
   6-16  subchapter, the court may set a reasonable fee for the services of
   6-17  the mediator.  Reasonable mediator's fees may be taxed as costs and
   6-18  may be ordered paid directly to the mediator, who may enforce the
   6-19  order for fees in his or her own name.
   6-20        SECTION 4.  Subsections (a) and (b), Section 14.08, Family
   6-21  Code, are amended to read as follows:
   6-22        (a)  A court order or the portion of a decree that provides
   6-23  for the support of a child or the appointment of a conservator or
   6-24  that sets the terms and conditions of conservatorship for, support
   6-25  for, or access to a child may be modified only by the filing of a
    7-1  motion in the court having continuing, exclusive jurisdiction of
    7-2  the suit affecting the parent-child relationship as provided by
    7-3  Section 11.05 of this code.  Any party affected by the order or the
    7-4  portion of the decree to be modified may file the motion or may,
    7-5  when there is no serious and immediate question concerning the
    7-6  welfare of the child, request that the parties attempt mediation
    7-7  prior to final hearing.
    7-8        (b)  The provisions of the Texas Rules of Civil Procedure
    7-9  applicable to the filing of an original lawsuit and the provisions
   7-10  of Subchapter C of Chapter 11 of this code apply to a motion to
   7-11  modify under this section and to a petition requesting further
   7-12  action under Section 11.07 of this code.  Each party whose rights,
   7-13  privileges, duties, or powers may be affected by the motion to
   7-14  modify or by the petition requesting further action is entitled to
   7-15  receive notice by the service of citation commanding the person to
   7-16  appear by filing a written answer.  After the filing of an answer,
   7-17  the proceedings are referred to mediation under Section 11.81 of
   7-18  this code.  After completion of mediation, the proceedings are
   7-19  conducted in the same general manner as in other civil cases.
   7-20        SECTION 5.  Subchapter A, Chapter 154, Civil Practice and
   7-21  Remedies Code, is amended by adding Section 154.004 to read as
   7-22  follows:
   7-23        Sec. 154.004.  IMPLEMENTATION OF STATE POLICY.  Each court
   7-24  shall plan and implement a system for the referral of cases to an
   7-25  alternative dispute resolution procedure that will carry out the
    8-1  policy stated under Section 154.002.
    8-2        SECTION 6.  The change in law made by this Act applies only
    8-3  to a suit affecting the parent-child relationship commenced on or
    8-4  after the effective date of this Act.
    8-5        SECTION 7.  This Act takes effect September 1, 1995.
    8-6        SECTION 8.  The importance of this legislation and the
    8-7  crowded condition of the calendars in both houses create an
    8-8  emergency and an imperative public necessity that the
    8-9  constitutional rule requiring bills to be read on three several
   8-10  days in each house be suspended, and this rule is hereby suspended.