75R13946 SKB-F                          

         By Harris                                              S.B. No. 798

         Substitute the following for S.B. No. 798:

         By Staples                                         C.S.S.B. No. 798

                                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 6.404(a), Family Code, as added by Senate

 1-6     Bill 334, Acts of the 75th Legislature, Regular Session, 1997, is

 1-7     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

1-12     PROMOTE THE AMICABLE AND NONJUDICIAL SETTLEMENT OF DISPUTES

1-13     INVOLVING 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 FINAL TRIAL CONTESTED ISSUES IN THIS CASE BY

1-19     ALTERNATIVE DISPUTE RESOLUTION WITHOUT THE NECESSITY OF COURT

1-20     INTERVENTION."

1-21           SECTION 2.  Subsections (a) and (c), Section 102.0085, Family

1-22     Code, are 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, [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.  Section 153.0071(f), Family Code, is repealed.

2-25           SECTION 4.   This Act takes effect September 1, 1997, and

2-26     applies only to a suit filed under Title 1, Family Code, or Chapter

2-27     151, 153, 154, 156, 157, 160, 161, or 262, Family Code, on or after

 3-1     that date.

 3-2           SECTION 5.   The importance of this legislation and the

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

 3-4     emergency and an imperative public necessity that the

 3-5     constitutional rule requiring bills to be read on three several

 3-6     days in each house be suspended, and this rule is hereby suspended.