By: Moncrief, Nelson, Shapleigh S.B. No. 207 A BILL TO BE ENTITLED AN ACT 1-1 relating to protecting against family violence in family law cases 1-2 and in certain other cases involving alternative dispute resolution 1-3 procedures. 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 the other party requests a hearing on 1-13 the objection. If the court finds that a preponderance of the 1-14 evidence supports the objection, the court may not refer the suit 1-15 to mediation. 1-16 SECTION 2. Section 153.0071, Family Code, is amended by 1-17 adding Subsection (f) to read as follows: 1-18 (f) A party may at any time prior to the final mediation 1-19 order file a written objection to the referral of a suit affecting 1-20 the parent-child relationship to mediation on the basis of family 1-21 violence having been committed by another party against the 1-22 objecting party or a child who is the subject of the suit. After 1-23 an objection is filed, the suit may not be referred to mediation 1-24 unless a party requests a hearing on the objection. If the court 2-1 finds that a preponderance of the evidence supports the objection, 2-2 the court may not refer the suit to mediation. If the court does 2-3 not find sufficient evidence to support the objection, the court 2-4 may refer the suit to mediation. Upon referral of the suit to 2-5 mediation, the court shall order that appropriate measures be taken 2-6 to ensure the physical and emotional safety of the party who filed 2-7 the objection. The order shall provide that the parties not be 2-8 required to have face-to-face contact and be placed in separate 2-9 rooms during mediation. This subsection does not apply to suits 2-10 filed under 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 an act of family 2-14 violence against another party shall be sufficient evidence for an 2-15 objection filed under Subsection (b). 2-16 SECTION 4. This Act takes effect September 1, 1999, and 2-17 applies to a pending suit affecting the parent-child relationship, 2-18 a pending suit for dissolution of a marriage, or a pending suit 2-19 which may be referred to mediation under Chapter 154, Civil 2-20 Practice and Remedies Code, without regard to whether the suit was 2-21 commenced before, on, or after the effective date of this Act. 2-22 SECTION 5. The importance of this legislation and the 2-23 crowded condition of the calendars in both houses create an 2-24 emergency and an imperative public necessity that the 2-25 constitutional rule requiring bills to be read on three several 2-26 days in each house be suspended, and this rule is hereby suspended.