76R11334 E By Naishtat H.B. No. 819 Substitute the following for H.B. No. 819: By Reyna of Bexar C.S.H.B. No. 819 A BILL TO BE ENTITLED 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 file with the court at any time written 1-8 objection to the referral of a suit to mediation under this section 1-9 on the basis that the party has been a victim of family violence 1-10 committed by the other party to the suit within the two years 1-11 preceding the date of filing the suit or during the pendency of the 1-12 suit. On filing the objection, the suit may not be referred to 1-13 mediation unless, on the request of a party or on the court's own 1-14 motion, a hearing is held and the court finds that there is not 1-15 credible evidence that family violence occurred. 1-16 SECTION 2. Chapter 101, Family Code, is amended by adding 1-17 Section 101.0125 to read as follows: 1-18 Sec. 101.0125. FAMILY VIOLENCE. "Family violence" has the 1-19 meaning assigned by Section 71.004. 1-20 SECTION 3. Section 153.0071, Family Code, is amended by 1-21 adding Subsections (f) and (g) to read as follows: 1-22 (f) A party may file with the court at any time written 1-23 objection to the referral of a suit to mediation under Subsection 1-24 (c) on the basis that the party has been a victim of family 2-1 violence committed by another party to the suit within the two 2-2 years preceding the date of filing the suit or during the pendency 2-3 of the suit. On filing the objection, the suit may not be referred 2-4 to mediation unless, on the request of a party to the suit or on 2-5 the court's own motion, a hearing is held and the court finds that 2-6 there is not credible evidence that family violence occurred. 2-7 (g) Subsection (f) does not apply to a suit commenced under 2-8 Chapter 262. 2-9 SECTION 4. This Act takes effect September 1, 1999, and 2-10 applies to a suit for dissolution of a marriage or a suit affecting 2-11 the parent-child relationship filed on or after that date. A suit 2-12 filed before the effective date of this Act is governed by the law 2-13 in effect on the date the suit was filed, and the former law is 2-14 continued in effect for that purpose. 2-15 SECTION 5. The importance of this legislation and the 2-16 crowded condition of the calendars in both houses create an 2-17 emergency and an imperative public necessity that the 2-18 constitutional rule requiring bills to be read on three several 2-19 days in each house be suspended, and this rule is hereby suspended.