|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
|
relating to an order to conduct mediation following an application |
|
for expedited judicial foreclosure proceedings. |
|
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. MEDIATION FOLLOWING APPLICATION FOR |
|
EXPEDITED FORECLOSURE. (a) Following receipt of an application |
|
for an expedited foreclosure proceeding under Rule 736.1, 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) If a party does not respond to an application filed |
|
under Rule 736, Texas Rules of Civil Procedure, before the deadline |
|
established by that rule, notice of any mediation hearing must be |
|
made in accordance with Subsection (d), and the hearing must occur |
|
not later than the 15th day after the date the petitioner files a |
|
motion for default order under Rule 736.7, Texas Rules of Civil |
|
Procedure. A petitioner may file a motion to cancel a hearing, and |
|
the court may grant the motion if the petitioner submits an |
|
affidavit stating that the respondent received actual notice and |
|
did not reply before the deadline. |
|
(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 2. This Act takes effect September 1, 2013. |
|
|
|
* * * * * |