| 1 | 1 | | 81R680 KKA-D |
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| 2 | 2 | | By: Dutton H.B. No. 299 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to mediation procedures in certain family law suits. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 6.602(a), Family Code, is amended to |
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| 10 | 10 | | read as follows: |
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| 11 | 11 | | (a) Notwithstanding Section 154.021, Civil Practice and |
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| 12 | 12 | | Remedies Code, or any other law authorizing or requiring court |
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| 13 | 13 | | referral of a suit to mediation [On the written agreement of the |
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| 14 | 14 | | parties or on the court's own motion], the court may refer a suit |
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| 15 | 15 | | for dissolution of a marriage to mediation only on the written |
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| 16 | 16 | | agreement of the parties. A party may revoke the party's agreement |
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| 17 | 17 | | at any time before the party enters into a binding mediated |
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| 18 | 18 | | settlement agreement under Subsection (b). The court may not: |
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| 19 | 19 | | (1) dismiss a suit for the dissolution of a marriage on |
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| 20 | 20 | | the basis of a party's: |
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| 21 | 21 | | (A) refusal to mediate; or |
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| 22 | 22 | | (B) revocation of a previous agreement to |
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| 23 | 23 | | mediate; or |
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| 24 | 24 | | (2) adopt a local rule that conflicts with this |
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| 25 | 25 | | subsection. |
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| 26 | 26 | | SECTION 2. Section 153.0071(c), Family Code, is amended to |
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| 27 | 27 | | read as follows: |
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| 28 | 28 | | (c) Notwithstanding Section 154.021, Civil Practice and |
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| 29 | 29 | | Remedies Code, or any other law authorizing or requiring court |
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| 30 | 30 | | referral of a suit to mediation [On the written agreement of the |
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| 31 | 31 | | parties or on the court's own motion], the court may refer a suit |
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| 32 | 32 | | affecting the parent-child relationship to mediation only on the |
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| 33 | 33 | | written agreement of the parties. A party may revoke the party's |
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| 34 | 34 | | agreement at any time before the party enters into a binding |
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| 35 | 35 | | mediated settlement agreement under Subsection (d). The court may |
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| 36 | 36 | | not: |
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| 37 | 37 | | (1) dismiss a suit affecting the parent-child |
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| 38 | 38 | | relationship on the basis of a party's: |
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| 39 | 39 | | (A) refusal to mediate; or |
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| 40 | 40 | | (B) revocation of a previous agreement to |
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| 41 | 41 | | mediate; or |
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| 42 | 42 | | (2) adopt a local rule that conflicts with this |
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| 43 | 43 | | subsection. |
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| 44 | 44 | | SECTION 3. Sections 6.602(d) and 153.0071(f), Family Code, |
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| 45 | 45 | | are repealed. |
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| 46 | 46 | | SECTION 4. The changes in law made by this Act to Sections |
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| 47 | 47 | | 6.602 and 153.0071, Family Code: |
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| 48 | 48 | | (1) apply only to a suit for dissolution of a marriage |
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| 49 | 49 | | or a suit affecting the parent-child relationship, respectively, |
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| 50 | 50 | | that is pending before a trial court on or filed on or after the |
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| 51 | 51 | | effective date of this Act; and |
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| 52 | 52 | | (2) do not affect the validity of a mediated |
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| 53 | 53 | | settlement agreement binding under Section 6.602(b) or |
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| 54 | 54 | | 153.0071(d), Family Code, as applicable, that became binding on or |
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| 55 | 55 | | before the effective date of this Act. |
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| 56 | 56 | | SECTION 5. This Act takes effect immediately if it receives |
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| 57 | 57 | | a vote of two-thirds of all the members elected to each house, as |
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| 58 | 58 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 59 | 59 | | Act does not receive the vote necessary for immediate effect, this |
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| 60 | 60 | | Act takes effect September 1, 2009. |
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