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79R1891 SGA-F
By: Goodman H.B. No. 205
A BILL TO BE ENTITLED
AN ACT
relating to the resolution of certain disputes by collaborative law
procedures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 154, Civil Practice and
Remedies Code, is amended by adding Section 154.028 to read as
follows:
Sec. 154.028. COLLABORATIVE LAW PROCEDURES. (a) On a
written agreement of the parties and their attorneys, a dispute may
be conducted under collaborative law procedures.
(b) Collaborative law is a voluntary 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 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.
The parties' counsel may not serve as litigation counsel except to
ask the court to approve the settlement agreement.
(c) A collaborative law agreement must include:
(1) provisions for full and candid exchange of
information between the parties and their attorneys as necessary to
make a proper evaluation of the case;
(2) provisions for suspending court intervention in
the dispute while the parties are using collaborative law
procedures;
(3) provisions for hiring experts, as jointly agreed,
to be used in the procedure;
(4) provisions for withdrawal of all counsel involved
in the collaborative law procedure if the collaborative law
procedure does not result in settlement of the dispute; and
(5) other provisions as agreed to by the parties
consistent with a good faith effort to collaboratively settle the
matter.
(d) 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:
(1) provides, in a prominently displayed statement
that is boldfaced, capitalized, or underlined, that the agreement
is not subject to revocation; and
(2) is signed by each party to the agreement and the
attorney of each party.
(e) Subject to Subsection (g), a court that is notified 30
days before trial that the parties are using collaborative law
procedures to attempt to settle a dispute may not, until a party
notifies the court that the collaborative law procedures did not
result in a settlement:
(1) set a hearing or trial in the case;
(2) impose discovery deadlines;
(3) require compliance with scheduling orders; or
(4) dismiss the case.
(f) The parties shall notify the court if the collaborative
law procedures result in a settlement. If a settlement has not been
reached, the parties shall file:
(1) a status report with the court not later than the
180th day after the date of the written agreement to use the
procedures; and
(2) a status report on or before the first anniversary
of the date of the written agreement to use the procedures,
accompanied by a motion for continuance that the court shall grant
if the status report indicates the desire of the parties to continue
to use collaborative law procedures.
(g) 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, the court may set the suit for trial on the regular
docket.
SECTION 2. Section 154.073, Civil Practice and Remedies
Code, is amended by adding Subsection (h) to read as follows:
(h) This section applies to a collaborative law matter under
Section 6.603 or 153.0072, Family Code.
SECTION 3. This Act applies only to an action commenced:
(1) on or after the effective date of this Act; or
(2) before the effective date of this Act if the trial
in the action has not begun before the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2005.