AN ACT

 1-1     relating to alternative dispute resolution in certain

 1-2     family-related suits.

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

 1-4           SECTION 1.  Subsection (a), Section 6.404, Family Code, as

 1-5     added by Senate Bill No. 334, Acts of the 75th Legislature, Regular

 1-6     Session, 1997, is 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 TO

1-11     PROMOTE THE AMICABLE AND NONJUDICIAL SETTLEMENT OF DISPUTES

1-12     INVOLVING CHILDREN AND FAMILIES.  I AM AWARE OF ALTERNATIVE DISPUTE

1-13     RESOLUTION METHODS, INCLUDING MEDIATION.  WHILE I RECOGNIZE THAT

1-14     ALTERNATIVE DISPUTE RESOLUTION IS AN ALTERNATIVE TO AND NOT A

1-15     SUBSTITUTE FOR A TRIAL AND THAT THIS CASE MAY BE TRIED IF IT IS NOT

1-16     SETTLED, I REPRESENT TO THE COURT THAT I WILL ATTEMPT IN GOOD FAITH

1-17     TO RESOLVE BEFORE FINAL TRIAL CONTESTED ISSUES IN THIS CASE BY

1-18     ALTERNATIVE DISPUTE RESOLUTION WITHOUT THE NECESSITY OF COURT

1-19     INTERVENTION."

1-20           SECTION 2.  Subsections (a) and (c), Section 102.0085, Family

1-21     Code, are amended to read as follows:

1-22           (a)  A party to a proceeding brought under this chapter and

1-23     Chapters 151, 153, 154, 156, [and] 160, and 161 shall include in

 2-1     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

 2-4           TO PROMOTE THE AMICABLE AND NONJUDICIAL SETTLEMENT OF

 2-5           DISPUTES INVOLVING CHILDREN AND FAMILIES.  I AM AWARE

 2-6           OF ALTERNATIVE DISPUTE RESOLUTION METHODS, INCLUDING

 2-7           MEDIATION.  WHILE I RECOGNIZE THAT ALTERNATIVE DISPUTE

 2-8           RESOLUTION IS AN ALTERNATIVE TO AND NOT A SUBSTITUTE

 2-9           FOR A TRIAL AND THAT THIS CASE MAY BE TRIED IF IT IS

2-10           NOT SETTLED, I REPRESENT TO THE COURT THAT I WILL

2-11           ATTEMPT IN GOOD FAITH TO RESOLVE BEFORE FINAL TRIAL

2-12           CONTESTED ISSUES IN THIS CASE BY ALTERNATIVE DISPUTE

2-13           RESOLUTION WITHOUT THE NECESSITY OF COURT

2-14           INTERVENTION."

2-15           (c)  The statement in Subsection (a) is not required for:

2-16                 (1)  a pleading in which citation on all respondents

2-17     entitled to service of citation is requested, issued, and given by

2-18     publication;

2-19                 (2)  a motion or pleading that seeks relief under

2-20     Section 105.001(c), [or] Subchapter H, Chapter 157, or Chapter 262;

2-21     or

2-22                 (3)  a special appearance under Rule 120A, Texas Rules

2-23     of Civil Procedure.

2-24           SECTION 3.  Subsection (f), Section 153.0071, Family Code, is

2-25     repealed.

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

 3-2     applies only to a suit filed under Title 1, Family Code, or Chapter

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

 3-4     that date.

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

 3-6     crowded condition of the calendars in both houses create an

 3-7     emergency and an imperative public necessity that the

 3-8     constitutional rule requiring bills to be read on three several

 3-9     days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I hereby certify that S.B. No. 798 passed the Senate on

         March 25, 1997, by a viva-voce vote; and that the Senate concurred

         in House amendment on May 24, 1997, by a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

               I hereby certify that S.B. No. 798 passed the House, with

         amendment, on May 13, 1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

         Approved:

         _______________________________

                     Date

         _______________________________

                   Governor