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.