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.