By Goodman H.B. No. 955
75R4019 SKB-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to alternative dispute resolution in certain
1-3 family-related suits.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 3.522(a), Family Code, as added by
1-6 Chapter 751, Acts of the 74th Legislature, Regular Session, 1995,
1-7 is amended to read as follows:
1-8 (a) A party to a proceeding under this title shall include
1-9 in the first pleading filed by the party in the proceeding the
1-10 following statement:
1-11 "I AM AWARE THAT IT IS THE POLICY OF THE STATE OF TEXAS TO PROMOTE
1-12 THE AMICABLE AND NONJUDICIAL SETTLEMENT OF DISPUTES INVOLVING
1-13 CHILDREN AND FAMILIES. I AM AWARE OF ALTERNATIVE DISPUTE
1-14 RESOLUTION METHODS INCLUDING MEDIATION. WHILE I RECOGNIZE THAT
1-15 ALTERNATIVE DISPUTE RESOLUTION IS AN ALTERNATIVE TO AND NOT A
1-16 SUBSTITUTE FOR A TRIAL AND THAT THIS CASE MAY BE TRIED IF IT IS NOT
1-17 SETTLED, I REPRESENT TO THE COURT THAT I WILL ATTEMPT IN GOOD FAITH
1-18 TO RESOLVE BEFORE TRIAL CONTESTED ISSUES IN THIS CASE BY
1-19 ALTERNATIVE DISPUTE RESOLUTION WITHOUT THE NECESSITY OF COURT
1-20 INTERVENTION."
1-21 SECTION 2. Sections 102.0085(a) and (c), Family Code, are
1-22 amended to read as follows:
1-23 (a) A party to a proceeding brought under this chapter and
1-24 Chapters 151, 153, 154, 156, 160, and 161 [and 160] shall include
2-1 in the first pleading filed by the party in the proceeding the
2-2 following statement:
2-3 "I AM AWARE THAT IT IS THE POLICY OF THE STATE OF TEXAS TO PROMOTE
2-4 THE AMICABLE AND NONJUDICIAL SETTLEMENT OF DISPUTES INVOLVING
2-5 CHILDREN AND FAMILIES. I AM AWARE OF ALTERNATIVE DISPUTE
2-6 RESOLUTION METHODS INCLUDING MEDIATION. WHILE I RECOGNIZE THAT
2-7 ALTERNATIVE DISPUTE RESOLUTION IS AN ALTERNATIVE TO AND NOT A
2-8 SUBSTITUTE FOR A TRIAL AND THAT THIS CASE MAY BE TRIED IF IT IS NOT
2-9 SETTLED, I REPRESENT TO THE COURT THAT I WILL ATTEMPT IN GOOD FAITH
2-10 TO RESOLVE BEFORE TRIAL CONTESTED ISSUES IN THIS CASE BY
2-11 ALTERNATIVE DISPUTE RESOLUTION WITHOUT THE NECESSITY OF COURT
2-12 INTERVENTION."
2-13 (c) The statement in Subsection (a) is not required for:
2-14 (1) a pleading in which citation on all respondents
2-15 entitled to service of citation is requested, issued, and given by
2-16 publication;
2-17 (2) a motion or pleading that seeks relief under
2-18 Section 105.001(c) or Subchapter H, Chapter 157, or Chapter 262; or
2-19 (3) a special appearance under Rule 120A, Texas Rules
2-20 of Civil Procedure.
2-21 SECTION 3. This Act takes effect September 1, 1997, and
2-22 applies only to a suit filed under Title 1, Family Code, or Chapter
2-23 151, 153, 154, 156, 157, 160, 161, or 262, Family Code, on or after
2-24 that date.
2-25 SECTION 4. The importance of this legislation and the
2-26 crowded condition of the calendars in both houses create an
2-27 emergency and an imperative public necessity that the
3-1 constitutional rule requiring bills to be read on three several
3-2 days in each house be suspended, and this rule is hereby suspended.