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                               * * * * *