By Naishtat                                            H.B. No. 819
         76R3490 JMM-F                           
                                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.  On filing the objection,
1-11     the suit may not be referred to mediation unless, on the request of
1-12     the party alleged to have committed family violence, a hearing is
1-13     held and the court finds that there is not a reasonable basis to
1-14     believe that family violence occurred.  If the suit is referred to
1-15     mediation, the court shall render orders the court determines
1-16     necessary for the protection of the parties.  In this subsection,
1-17     "family violence" has the meaning assigned by Section 71.004.
1-18           SECTION 2.  Section 153.0071, Family Code, is amended by
1-19     adding Subsections (f) and (g) to read as follows:
1-20           (f)  A party may file with the court at any time written
1-21     objection to the referral of a suit to mediation under Subsection
1-22     (c) on the basis that the party or a child who is the subject of
1-23     the suit has been a victim of family violence committed by another
1-24     party to the suit.  On filing the objection, the suit may not be
 2-1     referred to mediation unless, on the request of a party to the
 2-2     suit, a hearing is held and the court finds that there is not a
 2-3     reasonable basis to believe that family violence occurred.  If the
 2-4     suit is referred to mediation, the court shall render orders the
 2-5     court determines necessary for the protection of the parties and
 2-6     any child who is the subject of the suit.  In this subsection,
 2-7     "family violence" has the meaning assigned by Section 71.004.
 2-8           (g)  Subsection (f) does not apply to a proceeding to
 2-9     terminate the parent-child relationship in a suit commenced under
2-10     Chapter 262.
2-11           SECTION 3.  Section 154.022, Civil Practice and Remedies
2-12     Code, is amended by adding Subsection (d) to read as follows:
2-13           (d)  Evidence that a party has committed family violence
2-14     against another party is a reasonable basis for an objection filed
2-15     under Subsection (b).  In this subsection, "family violence" has
2-16     the meaning assigned by Section 71.004, Family Code.
2-17           SECTION 4.  This Act takes effect September 1, 1999, and
2-18     applies to a suit for dissolution of a marriage, a suit affecting
2-19     the parent-child relationship, or another proceeding commenced
2-20     before, on, or after that date.
2-21           SECTION 5.  The importance of this legislation and the
2-22     crowded condition of the calendars in both houses create an
2-23     emergency and an imperative public necessity that the
2-24     constitutional rule requiring bills to be read on three several
2-25     days in each house be suspended, and this rule is hereby suspended.