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.