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.

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