By:  Harris                                            S.B. No. 798

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to alternative dispute resolution in certain family

 1-2     related suits.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Subsection (a), Section 3.522, Family Code, as

 1-5     added by Chapter 751, Acts of the 74th Legislature, 1995, is

 1-6     amended to read as follows:

 1-7           (a)  A party to a proceeding under this title shall include

 1-8     in the first pleading filed by the party in the proceeding the

 1-9     following statement:

1-10           "I AM AWARE THAT IT IS THE POLICY OF THE STATE OF TEXAS

1-11           TO PROMOTE THE AMICABLE AND NONJUDICIAL SETTLEMENT OF

1-12           DISPUTES INVOLVING CHILDREN AND FAMILIES.  I AM AWARE

1-13           OF ALTERNATIVE DISPUTE RESOLUTION METHODS INCLUDING

1-14           MEDIATION.  WHILE I RECOGNIZE THAT ALTERNATIVE DISPUTE

1-15           RESOLUTION IS AN ALTERNATIVE TO AND NOT A SUBSTITUTE

1-16           FOR A TRIAL AND THAT THIS CASE MAY BE TRIED IF IT IS

1-17           NOT SETTLED, I REPRESENT TO THE COURT THAT I WILL

1-18           ATTEMPT IN GOOD FAITH TO RESOLVE BEFORE FINAL TRIAL

1-19           CONTESTED ISSUES IN THIS CASE BY ALTERNATIVE DISPUTE

1-20           RESOLUTION WITHOUT THE NECESSITY OF COURT

1-21           INTERVENTION."

1-22           SECTION 2.  Subsections (a) and (c), Section 102.0085, Family

1-23     Code, are amended to read as follows:

 2-1           (a)  A party to a proceeding brought under this chapter and

 2-2     Chapters 151, 153, 154, 156, [and] 160, and 161 shall include in

 2-3     the first pleading filed by the party in the proceeding the

 2-4     following statement:

 2-5           "I AM AWARE THAT IT IS THE POLICY OF THE STATE OF TEXAS

 2-6           TO PROMOTE THE AMICABLE AND NONJUDICIAL SETTLEMENT OF

 2-7           DISPUTES INVOLVING CHILDREN AND FAMILIES.  I AM AWARE

 2-8           OF ALTERNATIVE DISPUTE RESOLUTION METHODS INCLUDING

 2-9           MEDIATION.  WHILE I RECOGNIZE THAT ALTERNATIVE DISPUTE

2-10           RESOLUTION IS AN ALTERNATIVE TO AND NOT A SUBSTITUTE

2-11           FOR A TRIAL AND THAT THIS CASE MAY BE TRIED IF IT IS

2-12           NOT SETTLED, I REPRESENT TO THE COURT THAT I WILL

2-13           ATTEMPT IN GOOD FAITH TO RESOLVE BEFORE FINAL TRIAL

2-14           CONTESTED ISSUES IN THIS CASE BY ALTERNATIVE DISPUTE

2-15           RESOLUTION WITHOUT THE NECESSITY OF COURT

2-16           INTERVENTION."

2-17           (c)  The statement in Subsection (a) is not required for:

2-18                 (1)  a pleading in which citation on all respondents

2-19     entitled to service of citation is requested, issued, and given by

2-20     publication;

2-21                 (2)  a motion or pleading that seeks relief under

2-22     Section 105.001(c) or Subchapter H, Chapter 157, or Chapter 262; or

2-23                 (3)  a special appearance under Rule 120A, Texas Rules

2-24     of Civil Procedure.

2-25           SECTION 3.  Subsection (b), Section 153.0071, Family Code, is

 3-1     amended to read as follows:

 3-2           (b)  If the parties agree to binding arbitration, the court

 3-3     shall render an order reflecting the arbitrator's award unless the

 3-4     court determines at a non-jury hearing that the award is not in the

 3-5     best interest of the child. Even if the parties agree to an

 3-6     arbitrator's award resulting from nonbinding arbitration, the court

 3-7     may not render an order reflecting the arbitrator's award unless

 3-8     the court first determines at a non-jury hearing that the award is

 3-9     in the best interest of the child.  The burden of proof at a

3-10     hearing under this subsection is on the party seeking to avoid

3-11     rendition of an order based on the arbitrator's award.

3-12           SECTION 4.  This Act takes effect September 1, 1997, and

3-13     applies only to a suit filed under Title 1, Family Code, or Chapter

3-14     151, 153, 154, 156, 157, 160, 161, or 262, Family Code, on or after

3-15     that date.

3-16           SECTION 5.  The importance of this legislation and the

3-17     crowded condition of the calendars in both houses create an

3-18     emergency and an imperative public necessity that the

3-19     constitutional rule requiring bills to be read on three several

3-20     days in each house be suspended, and this rule is hereby suspended.