1-1     By:  Naishtat (Senate Sponsor - Moncrief)              H.B. No. 819
 1-2           (In the Senate - Received from the House April 16, 1999;
 1-3     April 19, 1999, read first time and referred to Committee on
 1-4     Jurisprudence; May 5, 1999, reported adversely, with favorable
 1-5     Committee Substitute by the following vote:  Yeas 4, Nays 0;
 1-6     May 5, 1999, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 819                By:  Wentworth
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to protecting against family violence in family law cases
1-11     and in certain other cases involving alternative dispute resolution
1-12     procedures.
1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14           SECTION 1.  Section 6.602, Family Code, is amended by adding
1-15     Subsection (d) to read as follows:
1-16           (d)  A party may at any time prior to the final mediation
1-17     order file a written objection to the referral of a suit for
1-18     dissolution of a marriage to mediation on the basis of family
1-19     violence having been committed against the objecting party by the
1-20     other party.  After an objection is filed, the suit may not be
1-21     referred to mediation unless the other party requests a hearing on
1-22     the objection.  If the court finds that a preponderance of the
1-23     evidence supports the objection, the court may not refer the suit
1-24     to mediation.
1-25           SECTION 2.  Section 153.0071, Family Code, is amended by
1-26     adding Subsection (f) to read as follows:
1-27           (f)  A party may at any time prior to the final mediation
1-28     order file a written objection to the referral of a suit affecting
1-29     the parent-child relationship to mediation on the basis of family
1-30     violence having been committed by another party against the
1-31     objecting party or a child who is the subject of the suit.  After
1-32     an objection is filed, the suit may not be referred to mediation
1-33     unless a party requests a hearing on the objection.  If the court
1-34     finds that a preponderance of the evidence supports the objection,
1-35     the court may not refer the suit to mediation.  If the court does
1-36     not find sufficient evidence to support the objection, the court
1-37     may refer the suit to mediation.  Upon referral of the suit to
1-38     mediation, the court shall order appropriate measures be taken to
1-39     ensure the physical and emotional safety of the party who filed the
1-40     objection.  The order shall provide that the parties not be
1-41     required to have face to face contact and shall be placed in
1-42     separate rooms during mediation.  This subsection does not apply to
1-43     suits filed under Chapter 262.
1-44           SECTION 3.  Section 154.022, Civil Practice and Remedies
1-45     Code, is amended by adding Subsection (d) to read as follows:
1-46           (d)  Evidence that a party has committed an act of family
1-47     violence against another party shall be sufficient evidence for an
1-48     objection filed under Subsection (b).
1-49           SECTION 4.  This Act takes effect September 1, 1999, and
1-50     applies to a pending suit affecting the parent-child relationship,
1-51     a pending suit for dissolution of a marriage, or a pending suit
1-52     which may be referred to mediation under Chapter 154, Civil
1-53     Practice and Remedies Code, without regard to whether the suit was
1-54     commenced before, on, or after the effective date of this Act.
1-55           SECTION 5.  The importance of this legislation and the
1-56     crowded condition of the calendars in both houses create an
1-57     emergency and an imperative public necessity that the
1-58     constitutional rule requiring bills to be read on three several
1-59     days in each house be suspended, and this rule is hereby suspended.
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