SRC-JJJ S.B. 207 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 207
By: Moncrief
Jurisprudence
2/25/1999
As Filed


DIGEST 

Currently, Texas law authorizes a suit for dissolution of a marriage to be
referred to mediation.  In divorce or custody suits that go to mediation,
the aggressor has a chance to continue the emotional abuse on the child in
custody cases.  This bill would protect against family violence in the
family law cases involving alternative dispute resolution.   

PURPOSE

As proposed, S.B. 207 protects against family violence in the 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 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.  Prohibits, once an
objection is filed,  referral to mediation unless the objection is heard.
Establishes that if there is a reasonable basis for the objection, the
court may not refer the suit to meditation if the objection is overruled.
Requires the court to enter orders for the physical safety of the
participants.    

SECTION 2.  Amends Section 153.0071, Family Code, by adding Subsection (f),
to authorize a party to file a written objection to the referral of a suit
affecting the parent-child relationship to mediation on the basis of family
violence committed against the objecting party or a child who is the
subject of the suit.  Prohibits, once an objection is filed,  the case from
being referred to mediation unless the objection is heard.  Establishes
that if there is a reasonable basis for the objection, the court may not
refer the suit to meditation. Requires the court to enter orders for the
physical safety of the participants, if the objection is overruled.
Provides that this Subsection does not apply to suits filed under Chapter
262.. 

SECTION 3.  Amends Section 154.022, Civil Practice and Remedies Code, by
adding Subsection (d), to require evidence of an act of family violence to
be a reasonable basis for an objection filed under Subsection (b). 

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

SECTION 5.  Emergency clause.