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.