1-1 By: Goodman, et al. (Senate Sponsor - Harris) H.B. No. 1363 1-2 (In the Senate - Received from the House May 4, 2001; 1-3 May 7, 2001, read first time and referred to Committee on 1-4 Jurisprudence; May 11, 2001, reported favorably by the following 1-5 vote: Yeas 5, Nays 0; May 11, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the mediation of certain disputes by collaborative law 1-9 procedures. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Subchapter G, Chapter 6, Family Code, is amended 1-12 by adding Section 6.603 to read as follows: 1-13 Sec. 6.603. COLLABORATIVE LAW. (a) On a written agreement 1-14 of the parties and their attorneys, a dissolution of marriage 1-15 proceeding may be conducted under collaborative law procedures. 1-16 (b) Collaborative law is a procedure in which the parties 1-17 and their counsel agree in writing to use their best efforts and 1-18 make a good faith attempt to resolve their dissolution of marriage 1-19 dispute on an agreed basis without resorting to judicial 1-20 intervention except to have the court approve the settlement 1-21 agreement, make the legal pronouncements, and sign the orders 1-22 required by law to effectuate the agreement of the parties as the 1-23 court determines appropriate. The parties' counsel may not serve 1-24 as litigation counsel except to ask the court to approve the 1-25 settlement agreement. 1-26 (c) A collaborative law agreement must include provisions 1-27 for: 1-28 (1) full and candid exchange of information between 1-29 the parties and their attorneys as necessary to make a proper 1-30 evaluation of the case; 1-31 (2) suspending court intervention in the dispute while 1-32 the parties are using collaborative law procedures; 1-33 (3) hiring experts, as jointly agreed, to be used in 1-34 the procedure; 1-35 (4) withdrawal of all counsel involved in the 1-36 collaborative law procedure if the collaborative law procedure does 1-37 not result in settlement of the dispute; and 1-38 (5) other provisions as agreed to by the parties 1-39 consistent with a good faith effort to collaboratively settle the 1-40 matter. 1-41 (d) Notwithstanding Rule 11, Texas Rules of Civil Procedure, 1-42 or another rule or law, a party is entitled to judgment on a 1-43 collaborative law settlement agreement if the agreement: 1-44 (1) provides, in a prominently displayed statement 1-45 that is boldfaced, capitalized, or underlined, that the agreement 1-46 is not subject to revocation; and 1-47 (2) is signed by each party to the agreement and the 1-48 attorney of each party. 1-49 (e) Subject to Subsection (g), a court that is notified 30 1-50 days before trial that the parties are using collaborative law 1-51 procedures to attempt to settle a dispute may not, until a party 1-52 notifies the court that the collaborative law procedures did not 1-53 result in a settlement: 1-54 (1) set a hearing or trial in the case; 1-55 (2) impose discovery deadlines; 1-56 (3) require compliance with scheduling orders; or 1-57 (4) dismiss the case. 1-58 (f) The parties shall notify the court if the collaborative 1-59 law procedures result in a settlement. If they do not, the parties 1-60 shall file: 1-61 (1) a status report with the court not later than the 1-62 180th day after the date of the written agreement to use the 1-63 procedures; and 1-64 (2) a status report on or before the first anniversary 2-1 of the date of the written agreement to use the procedures, 2-2 accompanied by a motion for continuance that the court shall grant 2-3 if the status report indicates the desire of the parties to 2-4 continue to use collaborative law procedures. 2-5 (g) If the collaborative law procedures do not result in a 2-6 settlement on or before the second anniversary of the date that the 2-7 suit was filed, the court may: 2-8 (1) set the suit for trial on the regular docket; or 2-9 (2) dismiss the suit without prejudice. 2-10 SECTION 2. Subchapter A, Chapter 153, Family Code, is amended 2-11 by adding Section 153.0072 to read as follows: 2-12 Sec. 153.0072. COLLABORATIVE LAW. (a) On a written 2-13 agreement of the parties and their attorneys, a suit affecting the 2-14 parent-child relationship may be conducted under collaborative law 2-15 procedures. 2-16 (b) Collaborative law is a procedure in which the parties 2-17 and their counsel agree in writing to use their best efforts and 2-18 make a good faith attempt to resolve the suit affecting the 2-19 parent-child relationship on an agreed basis without resorting to 2-20 judicial intervention except to have the court approve the 2-21 settlement agreement, make the legal pronouncements, and sign the 2-22 orders required by law to effectuate the agreement of the parties 2-23 as the court determines appropriate. The parties' counsel may not 2-24 serve as litigation counsel except to ask the court to approve the 2-25 settlement agreement. 2-26 (c) A collaborative law agreement must include provisions 2-27 for: 2-28 (1) full and candid exchange of information between 2-29 the parties and their attorneys as necessary to make a proper 2-30 evaluation of the case; 2-31 (2) suspending court intervention in the dispute while 2-32 the parties are using collaborative law procedures; 2-33 (3) hiring experts, as jointly agreed, to be used in 2-34 the procedure; 2-35 (4) withdrawal of all counsel involved in the 2-36 collaborative law procedure if the collaborative law procedure does 2-37 not result in settlement of the dispute; and 2-38 (5) other provisions as agreed to by the parties 2-39 consistent with a good faith effort to collaboratively settle the 2-40 matter. 2-41 (d) Notwithstanding Rule 11, Texas Rules of Civil Procedure, 2-42 or another rule or law, a party is entitled to judgment on a 2-43 collaborative law settlement agreement if the agreement: 2-44 (1) provides, in a prominently displayed statement 2-45 that is boldfaced, capitalized, or underlined, that the agreement 2-46 is not subject to revocation; and 2-47 (2) is signed by each party to the agreement and the 2-48 attorney of each party. 2-49 (e) Subject to Subsection (g), a court that is notified 30 2-50 days before trial that the parties are using collaborative law 2-51 procedures to attempt to settle a dispute may not, until a party 2-52 notifies the court that the collaborative law procedures did not 2-53 result in a settlement: 2-54 (1) set a hearing or trial in the case; 2-55 (2) impose discovery deadlines; 2-56 (3) require compliance with scheduling orders; or 2-57 (4) dismiss the case. 2-58 (f) The parties shall notify the court if the collaborative 2-59 law procedures result in a settlement. If they do not, the parties 2-60 shall file: 2-61 (1) a status report with the court not later than the 2-62 180th day after the date of the written agreement to use the 2-63 procedures; and 2-64 (2) a status report on or before the first anniversary 2-65 of the date of the written agreement to use the procedures, 2-66 accompanied by a motion for continuance that the court shall grant 2-67 if the status report indicates the desire of the parties to 2-68 continue to use collaborative law procedures. 2-69 (g) If the collaborative law procedures do not result in a 3-1 settlement on or before the second anniversary of the date that the 3-2 suit was filed, the court may: 3-3 (1) set the suit for trial on the regular docket; or 3-4 (2) dismiss the suit without prejudice. 3-5 SECTION 3. (a) This Act takes effect September 1, 2001. 3-6 (b) This Act applies only to an action commenced: 3-7 (1) on or after the effective date of this Act; or 3-8 (2) before the effective date of this Act if the trial 3-9 in the action has not begun before the effective date of this Act. 3-10 * * * * *