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.