1-1 By: Harris S.B. No. 798
1-2 (In the Senate - Filed February 26, 1997; March 4, 1997, read
1-3 first time and referred to Committee on Jurisprudence;
1-4 March 18, 1997, reported favorably by the following vote: Yeas 6,
1-5 Nays 0; March 18, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to alternative dispute resolution in certain family
1-9 related suits.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subsection (a), Section 3.522, Family Code, as
1-12 added by Chapter 751, Acts of the 74th Legislature, 1995, is
1-13 amended to read as follows:
1-14 (a) A party to a proceeding under this title shall include
1-15 in the first pleading filed by the party in the proceeding the
1-16 following statement:
1-17 "I AM AWARE THAT IT IS THE POLICY OF THE STATE OF TEXAS TO PROMOTE
1-18 THE AMICABLE AND NONJUDICIAL SETTLEMENT OF DISPUTES INVOLVING
1-19 CHILDREN AND FAMILIES. I AM AWARE OF ALTERNATIVE DISPUTE
1-20 RESOLUTION METHODS INCLUDING MEDIATION. WHILE I RECOGNIZE THAT
1-21 ALTERNATIVE DISPUTE RESOLUTION IS AN ALTERNATIVE TO AND NOT A
1-22 SUBSTITUTE FOR A TRIAL AND THAT THIS CASE MAY BE TRIED IF IT IS NOT
1-23 SETTLED, I REPRESENT TO THE COURT THAT I WILL ATTEMPT IN GOOD FAITH
1-24 TO RESOLVE BEFORE FINAL TRIAL CONTESTED ISSUES IN THIS CASE BY
1-25 ALTERNATIVE DISPUTE RESOLUTION WITHOUT THE NECESSITY OF COURT
1-26 INTERVENTION."
1-27 SECTION 2. Subsections (a) and (c), Section 102.0085, Family
1-28 Code, are amended to read as follows:
1-29 (a) A party to a proceeding brought under this chapter and
1-30 Chapters 151, 153, 154, 156, [and] 160, and 161 shall include in
1-31 the first pleading filed by the party in the proceeding the
1-32 following statement:
1-33 "I AM AWARE THAT IT IS THE POLICY OF THE STATE OF TEXAS TO PROMOTE
1-34 THE AMICABLE AND NONJUDICIAL SETTLEMENT OF DISPUTES INVOLVING
1-35 CHILDREN AND FAMILIES. I AM AWARE OF ALTERNATIVE DISPUTE
1-36 RESOLUTION METHODS INCLUDING MEDIATION. WHILE I RECOGNIZE THAT
1-37 ALTERNATIVE DISPUTE RESOLUTION IS AN ALTERNATIVE TO AND NOT A
1-38 SUBSTITUTE FOR A TRIAL AND THAT THIS CASE MAY BE TRIED IF IT IS NOT
1-39 SETTLED, I REPRESENT TO THE COURT THAT I WILL ATTEMPT IN GOOD FAITH
1-40 TO RESOLVE BEFORE FINAL TRIAL CONTESTED ISSUES IN THIS CASE BY
1-41 ALTERNATIVE DISPUTE RESOLUTION WITHOUT THE NECESSITY OF COURT
1-42 INTERVENTION."
1-43 (c) The statement in Subsection (a) is not required for:
1-44 (1) a pleading in which citation on all respondents
1-45 entitled to service of citation is requested, issued, and given by
1-46 publication;
1-47 (2) a motion or pleading that seeks relief under
1-48 Section 105.001(c) or Subchapter H, Chapter 157, or Chapter 262; or
1-49 (3) a special appearance under Rule 120A, Texas Rules
1-50 of Civil Procedure.
1-51 SECTION 3. Subsection (b), Section 153.0071, Family Code, is
1-52 amended to read as follows:
1-53 (b) If the parties agree to binding arbitration, the court
1-54 shall render an order reflecting the arbitrator's award unless the
1-55 court determines at a non-jury hearing that the award is not in the
1-56 best interest of the child. If the parties agree to nonbinding
1-57 arbitration, the court may not render an order reflecting the
1-58 arbitrator's award unless the court determines at a non-jury
1-59 hearing that the award is in the best interest of the child. The
1-60 burden of proof at a hearing under this subsection is on the party
1-61 seeking to avoid rendition of an order based on the arbitrator's
1-62 award.
1-63 SECTION 4. This Act takes effect September 1, 1997, and
1-64 applies only to a suit filed under Title 1, Family Code, or Chapter
2-1 151, 153, 154, 156, 157, 160, 161, or 262, Family Code, on or after
2-2 that date.
2-3 SECTION 5. The importance of this legislation and the
2-4 crowded condition of the calendars in both houses create an
2-5 emergency and an imperative public necessity that the
2-6 constitutional rule requiring bills to be read on three several
2-7 days in each house be suspended, and this rule is hereby suspended.
2-8 * * * * *