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A BILL TO BE ENTITLED
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AN ACT
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relating to an order to conduct mediation following an application |
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for expedited judicial foreclosure proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 154, Civil Practice and |
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Remedies Code, is amended by adding Section 154.028 to read as |
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follows: |
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Sec. 154.028. MEDIATION FOLLOWING APPLICATION FOR |
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EXPEDITED FORECLOSURE. (a) Following receipt of an application |
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for an expedited foreclosure proceeding under Rule 736.1, Texas |
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Rules of Civil Procedure, a court may, in the court's discretion, |
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conduct a hearing to determine whether to order mediation. A court |
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may not order mediation without conducting a hearing. The |
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petitioner or respondent may request a hearing to determine whether |
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mediation is necessary or whether an application is defective. |
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(b) A hearing under Subsection (a) may not be conducted |
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before the expiration of the respondent's deadline to file a |
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response. |
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(c) Subject to Subsection (d), a hearing under Subsection |
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(a) may be conducted by telephone. |
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(d) Not later than the 10th day before the date of a hearing |
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under Subsection (a), the court shall send notice of the hearing to |
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the parties concerning whether the hearing will be conducted by |
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telephone and, if applicable, instructions for contacting the court |
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and attending the hearing by telephone. |
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(e) At a hearing under Subsection (a), the court must |
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consider any objections to the referral of the case to mediation. |
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(f) If the court orders the case to mediation, the mediation |
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must be conducted before the expiration of any deadline imposed by |
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Rule 736, Texas Rules of Civil Procedure. |
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(g) If the parties to a case that has been ordered to |
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mediation are unable to agree on the appointment of a mediator, the |
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court may appoint a mediator. If a mediator is appointed by the |
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court, the court shall provide all parties with the name of the |
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chosen mediator at the mediation hearing if the parties are unable |
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to agree to a mediator at that hearing. |
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(h) A mediator's fee shall be divided equally between the |
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parties. |
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(i) The parties may agree to waive the mediation process. |
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(j) If a party does not respond to an application filed |
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under Rule 736, Texas Rules of Civil Procedure, before the deadline |
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established by that rule, notice of any mediation hearing must be |
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made in accordance with Subsection (d), and the hearing must occur |
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not later than the 15th day after the date the petitioner files a |
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motion for default order under Rule 736.7, Texas Rules of Civil |
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Procedure. A petitioner may file a motion to cancel a hearing, and |
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the court may grant the motion if the petitioner submits an |
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affidavit stating that the respondent received actual notice and |
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did not reply before the deadline. |
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(k) If a respondent fails to attend a mediation hearing |
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after notice in accordance with Subsection (d), the court: |
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(1) may not order mediation; and |
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(2) shall grant or deny the petitioner's motion for |
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default order under Rule 736.7, Texas Rules of Civil Procedure. |
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(l) If a respondent attends a hearing and mediation is |
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ordered, any mediation must take place not later than the 29th day |
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after the date the petitioner filed a motion for default order. |
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(m) Notwithstanding Section 22.004, Government Code, the |
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supreme court may not amend or adopt rules in conflict with this |
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section. |
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SECTION 2. This Act takes effect September 1, 2013. |
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* * * * * |