1-1 By: Moncrief, Nelson S.B. No. 207 1-2 (In the Senate - Filed January 20, 1999; January 28, 1999, 1-3 read first time and referred to Committee on Jurisprudence; 1-4 April 22, 1999, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 3, Nays 0; April 22, 1999, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 207 By: Harris 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 that appropriate measures be taken 1-39 to ensure the physical and emotional safety of the party who filed 1-40 the objection. The order shall provide that the parties not be 1-41 required to have face-to-face contact and be placed in separate 1-42 rooms during mediation. This subsection does not apply to suits 1-43 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. 1-60 * * * * *