77R10195 E
By Goodman H.B. No. 1363
Substitute the following for H.B. No. 1363:
By Hope C.S.H.B. No. 1363
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the mediation of certain disputes by collaborative law
1-3 procedures.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter G, Chapter 6, Family Code, is amended
1-6 by adding Section 6.603 to read as follows:
1-7 Sec. 6.603. COLLABORATIVE LAW. (a) On a written agreement
1-8 of the parties and their attorneys, a dissolution of marriage
1-9 proceeding may be conducted under collaborative law procedures.
1-10 (b) Collaborative law is a procedure in which the parties
1-11 and their counsel agree in writing to use their best efforts and
1-12 make a good faith attempt to resolve their dissolution of marriage
1-13 dispute on an agreed basis without resorting to judicial
1-14 intervention except to have the court approve the settlement
1-15 agreement, make the legal pronouncements, and sign the orders
1-16 required by law to effectuate the agreement of the parties as the
1-17 court determines appropriate. The parties' counsel may not serve
1-18 as litigation counsel except to ask the court to approve the
1-19 settlement agreement.
1-20 (c) A collaborative law agreement must include provisions
1-21 for:
1-22 (1) full and candid exchange of information between
1-23 the parties and their attorneys as necessary to make a proper
1-24 evaluation of the case;
2-1 (2) suspending court intervention in the dispute while
2-2 the parties are using collaborative law procedures;
2-3 (3) hiring experts, as jointly agreed, to be used in
2-4 the procedure;
2-5 (4) withdrawal of all counsel involved in the
2-6 collaborative law procedure if the collaborative law procedure does
2-7 not result in settlement of the dispute; and
2-8 (5) other provisions as agreed to by the parties
2-9 consistent with a good faith effort to collaboratively settle the
2-10 matter.
2-11 (d) Notwithstanding Rule 11, Texas Rules of Civil Procedure,
2-12 or another rule or law, a party is entitled to judgment on a
2-13 collaborative law settlement agreement if the agreement:
2-14 (1) provides, in a prominently displayed statement
2-15 that is boldfaced, capitalized, or underlined, that the agreement
2-16 is not subject to revocation; and
2-17 (2) is signed by each party to the agreement and the
2-18 attorney of each party.
2-19 (e) Subject to Subsection (g), a court that is notified 30
2-20 days before trial that the parties are using collaborative law
2-21 procedures to attempt to settle a dispute may not, until a party
2-22 notifies the court that the collaborative law procedures did not
2-23 result in a settlement:
2-24 (1) set a hearing or trial in the case;
2-25 (2) impose discovery deadlines;
2-26 (3) require compliance with scheduling orders; or
2-27 (4) dismiss the case.
3-1 (f) The parties shall notify the court if the collaborative
3-2 law procedures result in a settlement. If they do not, the parties
3-3 shall file:
3-4 (1) a status report with the court not later than the
3-5 180th day after the date of the written agreement to use the
3-6 procedures; and
3-7 (2) a status report on or before the first anniversary
3-8 of the date of the written agreement to use the procedures,
3-9 accompanied by a motion for continuance that the court shall grant
3-10 if the status report indicates the desire of the parties to
3-11 continue to use collaborative law procedures.
3-12 (g) If the collaborative law procedures do not result in a
3-13 settlement on or before the second anniversary of the date that the
3-14 suit was filed, the court may:
3-15 (1) set the suit for trial on the regular docket; or
3-16 (2) dismiss the suit without prejudice.
3-17 SECTION 2. Subchapter A, Chapter 153, Family Code, is amended
3-18 by adding Section 153.0072 to read as follows:
3-19 Sec. 153.0072. COLLABORATIVE LAW. (a) On a written
3-20 agreement of the parties and their attorneys, a suit affecting the
3-21 parent-child relationship may be conducted under collaborative law
3-22 procedures.
3-23 (b) Collaborative law is a procedure in which the parties
3-24 and their counsel agree in writing to use their best efforts and
3-25 make a good faith attempt to resolve the suit affecting the
3-26 parent-child relationship on an agreed basis without resorting to
3-27 judicial intervention except to have the court approve the
4-1 settlement agreement, make the legal pronouncements, and sign the
4-2 orders required by law to effectuate the agreement of the parties
4-3 as the court determines appropriate. The parties' counsel may not
4-4 serve as litigation counsel except to ask the court to approve the
4-5 settlement agreement.
4-6 (c) A collaborative law agreement must include provisions
4-7 for:
4-8 (1) full and candid exchange of information between
4-9 the parties and their attorneys as necessary to make a proper
4-10 evaluation of the case;
4-11 (2) suspending court intervention in the dispute while
4-12 the parties are using collaborative law procedures;
4-13 (3) hiring experts, as jointly agreed, to be used in
4-14 the procedure;
4-15 (4) withdrawal of all counsel involved in the
4-16 collaborative law procedure if the collaborative law procedure does
4-17 not result in settlement of the dispute; and
4-18 (5) other provisions as agreed to by the parties
4-19 consistent with a good faith effort to collaboratively settle the
4-20 matter.
4-21 (d) Notwithstanding Rule 11, Texas Rules of Civil Procedure,
4-22 or another rule or law, a party is entitled to judgment on a
4-23 collaborative law settlement agreement if the agreement:
4-24 (1) provides, in a prominently displayed statement
4-25 that is boldfaced, capitalized, or underlined, that the agreement
4-26 is not subject to revocation; and
4-27 (2) is signed by each party to the agreement and the
5-1 attorney of each party.
5-2 (e) Subject to Subsection (g), a court that is notified 30
5-3 days before trial that the parties are using collaborative law
5-4 procedures to attempt to settle a dispute may not, until a party
5-5 notifies the court that the collaborative law procedures did not
5-6 result in a settlement:
5-7 (1) set a hearing or trial in the case;
5-8 (2) impose discovery deadlines;
5-9 (3) require compliance with scheduling orders; or
5-10 (4) dismiss the case.
5-11 (f) The parties shall notify the court if the collaborative
5-12 law procedures result in a settlement. If they do not, the parties
5-13 shall file:
5-14 (1) a status report with the court not later than the
5-15 180th day after the date of the written agreement to use the
5-16 procedures; and
5-17 (2) a status report on or before the first anniversary
5-18 of the date of the written agreement to use the procedures,
5-19 accompanied by a motion for continuance that the court shall grant
5-20 if the status report indicates the desire of the parties to
5-21 continue to use collaborative law procedures.
5-22 (g) If the collaborative law procedures do not result in a
5-23 settlement on or before the second anniversary of the date that the
5-24 suit was filed, the court may:
5-25 (1) set the suit for trial on the regular docket; or
5-26 (2) dismiss the suit without prejudice.
5-27 SECTION 3. (a) This Act takes effect September 1, 2001.
6-1 (b) This Act applies only to an action commenced:
6-2 (1) on or after the effective date of this Act; or
6-3 (2) before the effective date of this Act if the trial
6-4 in the action has not begun before the effective date of this Act.