By: Henderson S.B. No. 1572 A BILL TO BE ENTITLED AN ACT 1-1 relating to encouraging the use of alternative dispute resolution 1-2 in certain proceedings. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subchapter C, Chapter 3, Family Code, is amended 1-5 by adding Section 3.522 to read as follows: 1-6 Sec. 3.522. STATEMENT ON ALTERNATIVE DISPUTE RESOLUTION. 1-7 (a) A party to a proceeding under this title shall include in the 1-8 first pleading filed by the party in the proceeding the following 1-9 statement: 1-10 "I AM AWARE THAT IT IS THE POLICY OF THE 1-11 STATE OF TEXAS TO PROMOTE THE AMICABLE AND 1-12 NONJUDICIAL SETTLEMENT OF DISPUTES 1-13 INVOLVING CHILDREN AND FAMILIES. I AM 1-14 AWARE OF ALTERNATIVE DISPUTE RESOLUTION 1-15 METHODS INCLUDING MEDIATION. WHILE I 1-16 RECOGNIZE THAT ALTERNATIVE DISPUTE 1-17 RESOLUTION IS AN ALTERNATIVE TO AND NOT A 1-18 SUBSTITUTE FOR A TRIAL AND THAT THIS CASE 1-19 MAY BE TRIED IF IT IS NOT SETTLED, I 1-20 REPRESENT TO THE COURT THAT I WILL ATTEMPT 1-21 IN GOOD FAITH TO RESOLVE CONTESTED ISSUES 1-22 IN THIS CASE BY ALTERNATIVE DISPUTE 1-23 RESOLUTION WITHOUT THE NECESSITY OF COURT 1-24 INTERVENTION." 2-1 (b) The statement required by Subsection (a) must be printed 2-2 in boldface type or capital letters and signed by the party. 2-3 (c) The statement in Subsection (a) is not required for: 2-4 (1) a pleading in which citation on all respondents 2-5 entitled to service of citation is requested, issued, and given by 2-6 publication; 2-7 (2) a motion or pleading that seeks a protective order 2-8 under Section 3.581; or 2-9 (3) a special appearance under Rule 120a, Texas Rules 2-10 of Civil Procedure. 2-11 SECTION 2. Subchapter A, Chapter 11, Family Code, is amended 2-12 by adding Section 11.081 to read as follows: 2-13 Sec. 11.081. STATEMENT ON ALTERNATIVE DISPUTE RESOLUTION. 2-14 (a) A party to a proceeding brought under this chapter and 2-15 Chapters 12 through 14 shall include in the first pleading filed by 2-16 the party in the proceeding the following statement: 2-17 "I AM AWARE THAT IT IS THE POLICY OF THE 2-18 STATE OF TEXAS TO PROMOTE THE AMICABLE AND 2-19 NONJUDICIAL SETTLEMENT OF DISPUTES 2-20 INVOLVING CHILDREN AND FAMILIES. I AM 2-21 AWARE OF ALTERNATIVE DISPUTE RESOLUTION 2-22 METHODS INCLUDING MEDIATION. WHILE I 2-23 RECOGNIZE THAT ALTERNATIVE DISPUTE 2-24 RESOLUTION IS AN ALTERNATIVE TO AND NOT A 2-25 SUBSTITUTE FOR A TRIAL AND THAT THIS CASE 2-26 MAY BE TRIED IF IT IS NOT SETTLED, I 2-27 REPRESENT TO THE COURT THAT I WILL ATTEMPT 3-1 IN GOOD FAITH TO RESOLVE CONTESTED ISSUES 3-2 IN THIS CASE BY ALTERNATIVE DISPUTE 3-3 RESOLUTION WITHOUT THE NECESSITY OF COURT 3-4 INTERVENTION." 3-5 (b) The statement required by Subsection (a) must be printed 3-6 in boldface type or capital letters and signed by the party. 3-7 (c) The statement in Subsection (a) is not required for: 3-8 (1) a pleading in which citation on all respondents 3-9 entitled to service of citation is requested, issued, and given by 3-10 publication; 3-11 (2) a motion or pleading that seeks relief under 3-12 Section 11.11(c) or 14.10; or 3-13 (3) a special appearance under Rule 120a, Texas Rules 3-14 of Civil Procedure. 3-15 SECTION 3. This Act takes effect September 1, 1995, and 3-16 applies only to a suit commenced on or after that date. A suit 3-17 commenced before the effective date of this Act is governed by the 3-18 law in effect at the time the suit was commenced, and the former 3-19 law is continued in effect for that purpose. 3-20 SECTION 4. The importance of this legislation and the 3-21 crowded condition of the calendars in both houses create an 3-22 emergency and an imperative public necessity that the 3-23 constitutional rule requiring bills to be read on three several 3-24 days in each house be suspended, and this rule is hereby suspended.