H.B. No. 2978
 
 
 
 
AN ACT
  relating to procedures for expedited judicial foreclosure
  proceedings.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 17, Civil Practice and
  Remedies Code, is amended by adding Section 17.031 to read as
  follows:
         Sec. 17.031.  EXPEDITED FORECLOSURE PROCEEDINGS.  For a
  power of sale exercised by the filing of an application for an
  expedited court order allowing the foreclosure of a contract lien
  under the Texas Rules of Civil Procedure 736, service of citation
  shall be completed in accordance with Rule 736 or 106, Texas Rules
  of Civil Procedure, or in any other manner provided for petitions
  under the Texas Rules of Civil Procedure.
         SECTION 2.  Subchapter B, Chapter 154, Civil Practice and
  Remedies Code, is amended by adding Section 154.028 to read as
  follows:
         Sec. 154.028.  MEDIATION FOLLOWING APPLICATION FOR
  EXPEDITED FORECLOSURE. (a) A citation for expedited foreclosure
  may be served in the manner provided by Rule 106 or 736, Texas Rules
  of Civil Procedure. Following the filing of a response to an
  application for an expedited foreclosure proceeding under Rule
  736.5, Texas Rules of Civil Procedure, a court may, in the court's
  discretion, conduct a hearing to determine whether to order
  mediation. A court may not order mediation without conducting a
  hearing. The petitioner or respondent may request a hearing to
  determine whether mediation is necessary or whether an application
  is defective.
         (b)  A hearing under Subsection (a) may not be conducted
  before the expiration of the respondent's deadline to file a
  response.
         (c)  Subject to Subsection (d), a hearing under Subsection
  (a) may be conducted by telephone.
         (d)  Not later than the 10th day before the date of a hearing
  under Subsection (a), the court shall send notice of the hearing to
  the parties concerning whether the hearing will be conducted by
  telephone and, if applicable, instructions for contacting the court
  and attending the hearing by telephone.
         (e)  At a hearing under Subsection (a), the court must
  consider any objections to the referral of the case to mediation.
         (f)  If the court orders the case to mediation, the mediation
  must be conducted before the expiration of any deadline imposed by
  Rule 736, Texas Rules of Civil Procedure.
         (g)  If the parties to a case that has been ordered to
  mediation are unable to agree on the appointment of a mediator, the
  court may appoint a mediator. If a mediator is appointed by the
  court, the court shall provide all parties with the name of the
  chosen mediator at the mediation hearing if the parties are unable
  to agree to a mediator at that hearing.
         (h)  A mediator's fee shall be divided equally between the
  parties.
         (i)  The parties may agree to waive the mediation process.
         (j)  The court may not conduct a hearing under this section
  if the applicant has served the citation in compliance with Rule
  106, Texas Rules of Civil Procedure, and a response to the
  application has not been filed before the deadline provided by Rule
  736, Texas Rules of Civil Procedure.
         (k)  If a respondent fails to attend a mediation hearing
  after notice in accordance with Subsection (d), the court:
               (1)  may not order mediation; and
               (2)  shall grant or deny the petitioner's motion for
  default order under Rule 736.7, Texas Rules of Civil Procedure.
         (l)  If a respondent attends a hearing and mediation is
  ordered, any mediation must take place not later than the 29th day
  after the date the petitioner filed a motion for default order.
         (m)  Notwithstanding Section 22.004, Government Code, the
  supreme court may not amend or adopt rules in conflict with this
  section.
         SECTION 3.  Subchapter A, Chapter 22, Government Code, is
  amended by adding Section 22.018 to read as follows:
         Sec. 22.018.  PROMULGATION OF FORMS FOR CERTAIN EXPEDITED
  FORECLOSURE PROCEEDINGS. The supreme court shall promulgate the
  following forms for use in expedited foreclosure proceedings
  described by Section 50(r), Article XVI, Texas Constitution:
               (1)  a form for application for an expedited
  foreclosure proceeding;
               (2)  a form for a supporting affidavit; and
               (3)  a form for any court-required citation.
         SECTION 4.  
  Not later than March 1, 2014, the Texas Supreme
  Court shall promulgate the forms required by Section 22.018,
  Government Code, as added by this Act.
         SECTION 5.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2013.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2978 was passed by the House on May 4,
  2013, by the following vote:  Yeas 134, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 2978 on May 24, 2013, by the following vote:  Yeas 143, Nays 0,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2978 was passed by the Senate, with
  amendments, on May 22, 2013, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor