1-1 By: Henderson S.B. No. 1572 1-2 (In the Senate - Filed March 13, 1995; March 22, 1995, read 1-3 first time and referred to Committee on Jurisprudence; 1-4 April 11, 1995, reported favorably by the following vote: Yeas 6, 1-5 Nays 0; April 11, 1995, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to encouraging the use of alternative dispute resolution 1-9 in certain proceedings. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Subchapter C, Chapter 3, Family Code, is amended 1-12 by adding Section 3.522 to read as follows: 1-13 Sec. 3.522. STATEMENT ON ALTERNATIVE DISPUTE RESOLUTION. 1-14 (a) A party to a proceeding under this title shall include in the 1-15 first pleading filed by the party in the proceeding the following 1-16 statement: 1-17 "I AM AWARE THAT IT IS THE POLICY OF THE 1-18 STATE OF TEXAS TO PROMOTE THE AMICABLE AND 1-19 NONJUDICIAL SETTLEMENT OF DISPUTES 1-20 INVOLVING CHILDREN AND FAMILIES. I AM 1-21 AWARE OF ALTERNATIVE DISPUTE RESOLUTION 1-22 METHODS INCLUDING MEDIATION. WHILE I 1-23 RECOGNIZE THAT ALTERNATIVE DISPUTE 1-24 RESOLUTION IS AN ALTERNATIVE TO AND NOT A 1-25 SUBSTITUTE FOR A TRIAL AND THAT THIS CASE 1-26 MAY BE TRIED IF IT IS NOT SETTLED, I 1-27 REPRESENT TO THE COURT THAT I WILL ATTEMPT 1-28 IN GOOD FAITH TO RESOLVE CONTESTED ISSUES 1-29 IN THIS CASE BY ALTERNATIVE DISPUTE 1-30 RESOLUTION WITHOUT THE NECESSITY OF COURT 1-31 INTERVENTION." 1-32 (b) The statement required by Subsection (a) must be printed 1-33 in boldface type or capital letters and signed by the party. 1-34 (c) The statement in Subsection (a) is not required for: 1-35 (1) a pleading in which citation on all respondents 1-36 entitled to service of citation is requested, issued, and given by 1-37 publication; 1-38 (2) a motion or pleading that seeks a protective order 1-39 under Section 3.581; or 1-40 (3) a special appearance under Rule 120a, Texas Rules 1-41 of Civil Procedure. 1-42 SECTION 2. Subchapter A, Chapter 11, Family Code, is amended 1-43 by adding Section 11.081 to read as follows: 1-44 Sec. 11.081. STATEMENT ON ALTERNATIVE DISPUTE RESOLUTION. 1-45 (a) A party to a proceeding brought under this chapter and 1-46 Chapters 12 through 14 shall include in the first pleading filed by 1-47 the party in the proceeding the following statement: 1-48 "I AM AWARE THAT IT IS THE POLICY OF THE 1-49 STATE OF TEXAS TO PROMOTE THE AMICABLE AND 1-50 NONJUDICIAL SETTLEMENT OF DISPUTES 1-51 INVOLVING CHILDREN AND FAMILIES. I AM 1-52 AWARE OF ALTERNATIVE DISPUTE RESOLUTION 1-53 METHODS INCLUDING MEDIATION. WHILE I 1-54 RECOGNIZE THAT ALTERNATIVE DISPUTE 1-55 RESOLUTION IS AN ALTERNATIVE TO AND NOT A 1-56 SUBSTITUTE FOR A TRIAL AND THAT THIS CASE 1-57 MAY BE TRIED IF IT IS NOT SETTLED, I 1-58 REPRESENT TO THE COURT THAT I WILL ATTEMPT 1-59 IN GOOD FAITH TO RESOLVE CONTESTED ISSUES 1-60 IN THIS CASE BY ALTERNATIVE DISPUTE 1-61 RESOLUTION WITHOUT THE NECESSITY OF COURT 1-62 INTERVENTION." 1-63 (b) The statement required by Subsection (a) must be printed 1-64 in boldface type or capital letters and signed by the party. 1-65 (c) The statement in Subsection (a) is not required for: 1-66 (1) a pleading in which citation on all respondents 1-67 entitled to service of citation is requested, issued, and given by 1-68 publication; 2-1 (2) a motion or pleading that seeks relief under 2-2 Section 11.11(c) or 14.10; or 2-3 (3) a special appearance under Rule 120a, Texas Rules 2-4 of Civil Procedure. 2-5 SECTION 3. This Act takes effect September 1, 1995, and 2-6 applies only to a suit commenced on or after that date. A suit 2-7 commenced before the effective date of this Act is governed by the 2-8 law in effect at the time the suit was commenced, and the former 2-9 law is continued in effect for that purpose. 2-10 SECTION 4. The importance of this legislation and the 2-11 crowded condition of the calendars in both houses create an 2-12 emergency and an imperative public necessity that the 2-13 constitutional rule requiring bills to be read on three several 2-14 days in each house be suspended, and this rule is hereby suspended. 2-15 * * * * *