By Harris                                        S.B. No. 798

      75R6313 SKB-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to alternative dispute resolution in certain family

 1-3     related suits.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 3.522(a), Family Code, as added by

 1-6     Chapter 751, Acts of the 74th Legislature, Regular Session, 1995,

 1-7     is 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 PROMOTE

1-12     THE AMICABLE AND NONJUDICIAL SETTLEMENT OF DISPUTES INVOLVING

1-13     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.  Sections 102.0085(a) and (c), Family Code, are

1-22     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, 160, and 161 [and 160] shall include

 2-1     in 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 TO PROMOTE

 2-4     THE AMICABLE AND NONJUDICIAL SETTLEMENT OF DISPUTES INVOLVING

 2-5     CHILDREN AND FAMILIES.  I AM AWARE OF ALTERNATIVE DISPUTE

 2-6     RESOLUTION METHODS INCLUDING MEDIATION.  WHILE I RECOGNIZE THAT

 2-7     ALTERNATIVE DISPUTE RESOLUTION IS AN ALTERNATIVE TO AND NOT A

 2-8     SUBSTITUTE FOR A TRIAL AND THAT THIS CASE MAY BE TRIED IF IT IS NOT

 2-9     SETTLED, I REPRESENT TO THE COURT THAT I WILL ATTEMPT IN GOOD FAITH

2-10     TO RESOLVE BEFORE FINAL TRIAL CONTESTED ISSUES IN THIS CASE BY

2-11     ALTERNATIVE DISPUTE RESOLUTION WITHOUT THE NECESSITY OF COURT

2-12     INTERVENTION."

2-13           (c)  The statement in Subsection (a) is not required for:

2-14                 (1)  a pleading in which citation on all respondents

2-15     entitled to service of citation is requested, issued, and given by

2-16     publication;

2-17                 (2)  a motion or pleading that seeks relief under

2-18     Section 105.001(c) or Subchapter H, Chapter 157, or Chapter 262; or

2-19                 (3)  a special appearance under Rule 120A, Texas Rules

2-20     of Civil Procedure.

2-21           SECTION 3.  Section 153.0071(b), Family Code, is amended to

2-22     read as follows:

2-23           (b)  If the parties agree to binding arbitration, the court

2-24     shall render an order reflecting the arbitrator's award unless the

2-25     court determines at a non-jury hearing that the award is not in the

2-26     best interest of the child.  If the parties agree to nonbinding

2-27     arbitration, the court may not render an order reflecting the

 3-1     arbitrator's award unless the court determines at a non-jury

 3-2     hearing that the award is in the best interest of the child.  The

 3-3     burden of proof at a hearing under this subsection is on the party

 3-4     seeking to avoid rendition of an order based on the arbitrator's

 3-5     award.

 3-6           SECTION 4.  This Act takes effect September 1, 1997, and

 3-7     applies only to a suit filed under Title 1, Family Code, or Chapter

 3-8     151, 153, 154, 156, 157, 160, 161, or 262, Family Code, on or after

 3-9     that date.

3-10           SECTION 5.  The importance of this legislation and the

3-11     crowded condition of the calendars in both houses create an

3-12     emergency and an imperative public necessity that the

3-13     constitutional rule requiring bills to be read on three several

3-14     days in each house be suspended, and this rule is hereby suspended.