1-1 AN ACT
1-2 relating to an objection to the mediation of certain proceedings on
1-3 the basis of family violence.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 6.602, Family Code, is amended by adding
1-6 Subsection (d) to read as follows:
1-7 (d) A party may at any time prior to the final mediation
1-8 order file a written objection to the referral of a suit for
1-9 dissolution of a marriage to mediation on the basis of family
1-10 violence having been committed against the objecting party by the
1-11 other party. After an objection is filed, the suit may not be
1-12 referred to mediation unless, on the request of the other party, a
1-13 hearing is held and the court finds that a preponderance of the
1-14 evidence does not support the objection. If the suit is referred
1-15 to mediation, the court shall order appropriate measures be taken
1-16 to ensure the physical and emotional safety of the party who filed
1-17 the objection. The order shall provide that the parties not be
1-18 required to have face-to-face contact and that the parties be
1-19 placed in separate rooms during mediation.
1-20 SECTION 2. Section 153.0071, Family Code, is amended by
1-21 adding Subsection (f) to read as follows:
1-22 (f) A party may at any time prior to the final mediation
1-23 order file a written objection to the referral of a suit affecting
1-24 the parent-child relationship to mediation on the basis of family
2-1 violence having been committed by another party against the
2-2 objecting party or a child who is the subject of the suit. After
2-3 an objection is filed, the suit may not be referred to mediation
2-4 unless, on the request of a party, a hearing is held and the court
2-5 finds that a preponderance of the evidence does not support the
2-6 objection. If the suit is referred to mediation, the court shall
2-7 order appropriate measures be taken to ensure the physical and
2-8 emotional safety of the party who filed the objection. The order
2-9 shall provide that the parties not be required to have face-to-face
2-10 contact and that the parties be placed in separate rooms during
2-11 mediation. This subsection does not apply to suits filed under
2-12 Chapter 262.
2-13 SECTION 3. This Act takes effect September 1, 1999, and
2-14 applies to a pending suit affecting the parent-child relationship
2-15 or a pending suit for dissolution of a marriage without regard to
2-16 whether the suit was commenced before, on, or after the effective
2-17 date of this Act.
2-18 SECTION 4. The importance of this legislation and the
2-19 crowded condition of the calendars in both houses create an
2-20 emergency and an imperative public necessity that the
2-21 constitutional rule requiring bills to be read on three several
2-22 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 819 was passed by the House on April
15, 1999, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 819 on May 17, 1999, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 819 on May 29, 1999, by a
non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 819 was passed by the Senate, with
amendments, on May 13, 1999, by the following vote: Yeas 30, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
819 on May 30, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor