81R680 KKA-D
By: Dutton H.B. No. 299
A BILL TO BE ENTITLED
AN ACT
relating to mediation procedures in certain family law suits.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 6.602(a), Family Code, is amended to
read as follows:
(a) Notwithstanding Section 154.021, Civil Practice and
Remedies Code, or any other law authorizing or requiring court
referral of a suit to mediation [On the written agreement of the
parties or on the court's own motion], the court may refer a suit
for dissolution of a marriage to mediation only on the written
agreement of the parties. A party may revoke the party's agreement
at any time before the party enters into a binding mediated
settlement agreement under Subsection (b). The court may not:
(1) dismiss a suit for the dissolution of a marriage on
the basis of a party's:
(A) refusal to mediate; or
(B) revocation of a previous agreement to
mediate; or
(2) adopt a local rule that conflicts with this
subsection.
SECTION 2. Section 153.0071(c), Family Code, is amended to
read as follows:
(c) Notwithstanding Section 154.021, Civil Practice and
Remedies Code, or any other law authorizing or requiring court
referral of a suit to mediation [On the written agreement of the
parties or on the court's own motion], the court may refer a suit
affecting the parent-child relationship to mediation only on the
written agreement of the parties. A party may revoke the party's
agreement at any time before the party enters into a binding
mediated settlement agreement under Subsection (d). The court may
not:
(1) dismiss a suit affecting the parent-child
relationship on the basis of a party's:
(A) refusal to mediate; or
(B) revocation of a previous agreement to
mediate; or
(2) adopt a local rule that conflicts with this
subsection.
SECTION 3. Sections 6.602(d) and 153.0071(f), Family Code,
are repealed.
SECTION 4. The changes in law made by this Act to Sections
6.602 and 153.0071, Family Code:
(1) apply only to a suit for dissolution of a marriage
or a suit affecting the parent-child relationship, respectively,
that is pending before a trial court on or filed on or after the
effective date of this Act; and
(2) do not affect the validity of a mediated
settlement agreement binding under Section 6.602(b) or
153.0071(d), Family Code, as applicable, that became binding on or
before the effective date of 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, 2009.