By Goodman H.B. No. 1363
77R5822 DAK-F
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. Section 154.002, Civil Practice and Remedies
1-6 Code, is amended to read as follows:
1-7 Sec. 154.002. POLICY. (a) It is the policy of this state to
1-8 encourage the peaceable resolution of disputes, with special
1-9 consideration given to disputes involving the parent-child
1-10 relationship, including the mediation of issues involving
1-11 conservatorship, possession, and support of children, and the early
1-12 settlement of pending litigation through voluntary settlement
1-13 procedures.
1-14 (b) It is the policy of this state to encourage the
1-15 peaceable resolution of disputes by means of collaborative law
1-16 procedures, with special consideration being given to disputes
1-17 under Titles 1 and 5, Family Code.
1-18 SECTION 2. Section 154.021, Civil Practice and Remedies
1-19 Code, is amended by adding Subsection (c) to read as follows:
1-20 (c) A court that is notified that the parties are using
1-21 collaborative law procedures to attempt to settle a dispute may not
1-22 set a hearing or trial in the case or dismiss the case until a
1-23 party notifies the court that the collaborative law procedures did
1-24 not result in a settlement.
2-1 SECTION 3. Subchapter B, Chapter 154, Civil Practice and
2-2 Remedies Code, is amended by adding Section 154.028 to read as
2-3 follows:
2-4 Sec. 154.028. COLLABORATIVE LAW PROCEDURES. (a) A
2-5 collaborative law procedure is conducted under a written agreement
2-6 of the parties and their lawyers.
2-7 (b) Collaborative law is a procedure in which the parties
2-8 and their counsel agree in writing to use their best efforts and
2-9 make a good faith attempt to resolve their disputes on an agreed
2-10 basis without resort to judicial intervention except to have the
2-11 court approve the settlement agreement, make the legal
2-12 pronouncements, and sign the orders required by law to effectuate
2-13 the agreement of the parties as the court determines appropriate.
2-14 The parties' counsel may not serve as litigation counsel except to
2-15 ask the court to approve the settlement agreement.
2-16 (c) A collaborative law agreement must include provisions
2-17 for:
2-18 (1) full and candid exchange of information between
2-19 the parties and their attorneys as necessary to make a proper
2-20 evaluation of the case;
2-21 (2) suspending court intervention in the dispute while
2-22 the parties are using collaborative law procedures;
2-23 (3) jointly hiring experts to be used in the
2-24 procedure;
2-25 (4) any written settlement agreement to be binding and
2-26 enforceable on the same basis as a mediated settlement agreement,
2-27 as authorized under this chapter or other law; and
3-1 (5) withdrawal of all counsel involved in the
3-2 collaborative law procedure if the collaborative law procedure does
3-3 not result in settlement of the dispute.
3-4 (d) A collaborative law settlement agreement may not be
3-5 approved by a court:
3-6 (1) for a suit for dissolution of a marriage unless
3-7 the agreement complies with the mediation procedures under Section
3-8 6.602, Family Code; or
3-9 (2) for a suit affecting the parent-child relationship
3-10 unless the agreement complies with the mediation procedures under
3-11 Section 153.0071, Family Code.
3-12 SECTION 4. (a) This Act takes effect September 1, 2001.
3-13 (b) This Act applies only to an action commenced:
3-14 (1) on or after the effective date of this Act; or
3-15 (2) before the effective date of this Act if the trial
3-16 in the action has not begun before the effective date of this Act.