By:  Moncrief                                          S.B. No. 207
         99S0020/1                           
                                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 file a written objection to the
 1-8     referral of a suit for dissolution of a marriage to mediation on
 1-9     the basis of family violence having been committed against the
1-10     objecting party by the other party.  After an objection is filed,
1-11     the suit may not be referred to mediation unless the other party
1-12     requests a hearing on the objection.  If the court finds that there
1-13     is a reasonable basis for the objection, the court may not refer
1-14     the suit to mediation.  If the objection to mediation is overruled,
1-15     the court shall enter orders for the physical safety of the
1-16     participants.
1-17           SECTION 2.  Section 153.0071, Family Code, is amended by
1-18     adding Subsection (f) to read as follows:
1-19           (f)  A party may at any time file a written objection to the
1-20     referral of a suit affecting the parent-child relationship to
1-21     mediation on the basis of family violence having been committed by
1-22     another party against the objecting party or a child who is the
1-23     subject of the suit.  After an objection is filed, the suit may not
1-24     be referred to mediation unless a party requests a hearing on the
 2-1     objection.  If the court finds that there is a reasonable basis for
 2-2     the objection, the court may not refer the suit to mediation.  If
 2-3     the objection to mediation is overruled, the court may enter orders
 2-4     for the physical safety of the participants.  This subsection does
 2-5     not apply to suits filed under Chapter 262.
 2-6           SECTION 3.  Section 154.022, Civil Practice and Remedies
 2-7     Code, is amended by adding Subsection (d) to read as follows:
 2-8           (d)  Evidence that a party has committed an act of family
 2-9     violence against another party shall be a reasonable basis for an
2-10     objection filed under Subsection (b).
2-11           SECTION 4.  This Act takes effect September 1, 1999, and
2-12     applies to a pending suit affecting the parent-child relationship,
2-13     a pending suit for dissolution of a marriage, or a pending suit
2-14     which may be referred to mediation under Chapter 154, Civil
2-15     Practice and Remedies Code, without regard to whether the suit was
2-16     commenced before, on, or after the effective date of this Act.
2-17           SECTION 5.  The importance of this legislation and the
2-18     crowded condition of the calendars in both houses create an
2-19     emergency and an imperative public necessity that the
2-20     constitutional rule requiring bills to be read on three several
2-21     days in each house be suspended, and this rule is hereby suspended.