SRC-JBJ H.B. 1363 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1363
77R10195 EBy: Goodman (Harris)
Jurisprudence
5/9/2001
Engrossed


DIGEST AND PURPOSE 

Currently, certain types of dispute resolution procedures are encouraged to
bring about a peaceable solution as alternatives to litigation.  One such
method, collaborative law, is a new dispute resolution method that is being
used primarily in family law cases relating to the dissolution of a
marriage and the parent-child relationship in which the costs of a court
battle can be both personally and financially overwhelming to the involved
parties.  H.B. 1363 includes the collaborative law process among other
dispute resolution methods encouraged in actions relating to the
dissolution of a marriage or suits affecting the parent-child relationship.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 6G, Family Code, by adding Section 6.603, as
follows: 

Sec. 6.603.  COLLABORATIVE LAW.  (a)  Authorizes a dissolution of marriage
proceeding, on a written agreement of the parties and their attorneys, to
be conducted under collaborative law procedures. 

(b)  Provides that collaborative law is a procedure in which the parties
and their counsel agree in writing to use their best efforts and make a
good faith attempt to resolve their dissolution of marriage dispute on an
agreed basis without resorting to judicial intervention except to have the
court approve the settlement agreement, make the legal pronouncements, and
sign the orders required by law to effectuate the agreement of the parties
as the court determines appropriate.  Prohibits the parties' counsel from
serving as litigation counsel except to ask the court to approve the
settlement agreement. 

  (c)  Requires a collaborative law agreement to include certain provisions.

(d)  Provides that notwithstanding Rule 11, Texas Rules of Civil Procedure,
or another rule or law, a party is entitled to judgment on a collaborative
law settlement agreement if the agreement meets certain criteria. 

(e)  Prohibits a court that is notified 30 days before trial that the
parties are using collaborative law procedures to attempt to settle a
dispute, subject to Subsection (g), from taking certain enumerated actions,
until a party notifies the court that the collaborative law procedures did
not result in a settlement. 

(f)  Requires the parties to notify the court if the collaborative law
procedures result in a settlement.  Requires the parties to file certain
information if they do not. 

 (g)  Authorizes the court, if the collaborative law procedures do not
result in a settlement on or before the second anniversary of the date that
the suit was filed, to set the suit for trial on the regular docket or
dismiss the suit without prejudice. 

SECTION 2.  Amends Chapter 153A, Family Code, by adding Section 153.0072,
as follows: 

Sec. 153.0072.  COLLABORATIVE LAW.  Makes conforming changes to provisions
regarding a suit affecting a parent-child relationship. 

SECTION 3.  (a)  Effective date: September 1, 2001.

(b)  Provides that this Act applies only to an action commenced on or after
the effective date of this Act or before the effective date of this Act if
the trial in the action has not begun before the effective date of this
Act.