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.