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.