SRC-ARR C.S.H.B. 819 76(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 819
76R11334 EBy: Naishtat (Moncrief)
Jurisprudence
5/4/1999
Committee Report (Substituted)


DIGEST 

Currently, victims of family violence may be required by a court to
participate in mediation for a suit to dissolve a marriage or a suit
affecting the parent-child relationship. This may cause the victim
additional trauma and place the victim at a disadvantage in negotiating
resolution of the suit. C.S.H.B. 819 would protect against family violence
in family law cases and in certain other cases involving alternative
dispute resolution procedures.  

PURPOSE

As proposed, C.S.H.B. 819 sets forth requirements for protecting against
family violence in family law cases and in certain other cases involving
alternative dispute resolution procedures.  

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 6.602, Family Code, by adding Subsection (d), to
authorize a party at any time prior to the final mediation order file a
written objection to the referral of a suit for dissolution of a marriage
to mediation on the basis of family violence having been committed against
the objecting party by the other party. Prohibits the suit from being
referred to mediation unless the other party requests a hearing on the
objection, after an objection is filed. Prohibits the court from referring
the suit to mediation, if the court finds that a preponderance of the
evidence supports the objection. 

SECTION 2. Amends Section 153.0071, Family Code, by adding Subsection (f),
to authorize a party at any time prior to the final mediation order to file
a written objection to the referral of a suit affecting the parent-child
relationship to mediation on the basis of family violence having been
committed by another party against the objecting party or a child who is
the subject of the suit. Sets forth certain conditions for a suit to be
referred to mediation. Requires a court to order appropriate measures to be
taken to ensure the physical and emotional safety of the party who filed
the objection, upon referral of the suit to mediation. Requires the order
to provide that the parties not be required to have face-to-face contact
and to be placed in separate rooms during mediation. Provides that this
subsection does not apply to suits filed under Chapter 262.  

SECTION 3. Amends Section 154.022, Civil Practice Remedies Code, by adding
Subsection (d), to require evidence that a party has committed an act of
family violence against another party to be sufficient evidence for an
objection filed under Subsection (b). 

SECTION 4. Effective date: September 1, 1999.
           Makes application of this Act retroactive.

SECTION 5. Emergency clause.




 SUMMARY OF COMMITTEE CHANGES

SECTION 1. 

Amends Section 6.602, Family Code, by adding Subsection (d), to authorize a
party at any time prior to the final mediation order to file a written
objection to the referral of a suit for dissolution of a marriage to
mediation on the basis of family violence having been committed against the
objecting party by the other party. Prohibits the suit from being referred
to mediation unless the other party requests a hearing on the objection,
after an objection is filed. Prohibits the court from referring the suit to
mediation, if the court finds that a preponderance of the evidence supports
the objection. Deletes text authorizing a party to file an objection to the
referral of a suit to mediation.  

SECTION 2. 

Deletes proposed Section 101.0125, Family Code, regarding family violence.
Amends Section 153.0071, Family Code, by adding Subsection (f), to
authorize a party at any time prior to the final mediation order to file a
written objection to the referral of a suit affecting the parent-child
relationship to mediation on the basis of family violence having been
committed by another party against the objecting party or a child who is
the subject of the suit. Sets forth certain conditions for a suit to be
referred to mediation. Requires a court to order appropriate measures to be
taken to ensure the physical and emotional safety of the party who filed
the objection, upon referral of the suit to mediation. Requires the order
to provide that the parties not be required to have face-to-face contact
and to be placed in separate rooms during mediation. Provides that this
subsection does not apply to suits filed under Chapter 262.  

SECTION 3. 

Deletes proposed Subsections153.0071(f) and (g), Family Code, regarding the
referral of a suit to mediation. Amends Section 153.0071, Family Code, by
adding Subsection (d), to require evidence that a party has committed an
act of family violence against another party to be sufficient evidence for
an objection filed under Subsection (b). 

SECTION 4. 

 Makes application of this Act retroactive, rather than prospective.