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.