Texas 2011 - 82nd Regular

Texas House Bill HB3833 Compare Versions

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1	1	By: Phillips (Senate Sponsor - Harris) H.B. No. 3833
2	2	(In the Senate - Received from the House May 16, 2011;
3	3	May 16, 2011, read first time and referred to Committee on
4	4	Jurisprudence; May 21, 2011, reported favorably by the following
5	5	vote: Yeas 5, Nays 0; May 21, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the adoption of a uniform collaborative law Act in
11	11	regard to family law matters.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. The Family Code is amended by adding Title 1-A
14	14	to read as follows:
15	15	TITLE 1-A. COLLABORATIVE FAMILY LAW
16	16	CHAPTER 15. COLLABORATIVE FAMILY LAW ACT
17	17	SUBCHAPTER A. APPLICATION AND CONSTRUCTION
18	18	Sec. 15.001. POLICY. It is the policy of this state to
19	19	encourage the peaceable resolution of disputes, with special
20	20	consideration given to disputes involving the parent-child
21	21	relationship, including disputes involving the conservatorship of,
22	22	possession of or access to, and support of a child, and the early
23	23	settlement of pending litigation through voluntary settlement
24	24	procedures.
25	25	Sec. 15.002. CONFLICTS BETWEEN PROVISIONS. If a provision
26	26	of this chapter conflicts with another provision of this code or
27	27	another statute or rule of this state and the conflict cannot be
28	28	reconciled, this chapter prevails.
29	29	Sec. 15.003. UNIFORMITY OF APPLICATION AND CONSTRUCTION.
30	30	In applying and construing this chapter, consideration must be
31	31	given to the need to promote uniformity of the law with respect to
32	32	its subject matter among states that enact a collaborative law
33	33	process Act for family law matters.
34	34	Sec. 15.004. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL
35	35	AND NATIONAL COMMERCE ACT. This chapter modifies, limits, and
36	36	supersedes the federal Electronic Signatures in Global and National
37	37	Commerce Act (15 U.S.C. Section 7001 et seq.) but does not modify,
38	38	limit, or supersede Section 101(c) of that Act (15 U.S.C. Section
39	39	7001(c)), or authorize electronic delivery of any of the notices
40	40	described in Section 103(b) of that Act (15 U.S.C. Section
41	41	7003(b)).
42	42	[Sections 15.005-15.050 reserved for expansion]
43	43	SUBCHAPTER B. GENERAL PROVISIONS
44	44	Sec. 15.051. SHORT TITLE. This chapter may be cited as the
45	45	Collaborative Family Law Act.
46	46	Sec. 15.052. DEFINITIONS. In this chapter:
47	47	(1) "Collaborative family law communication" means a
48	48	statement made by a party or nonparty participant, whether oral or
49	49	in a record, or verbal or nonverbal, that:
50	50	(A) is made to conduct, participate in, continue,
51	51	or reconvene a collaborative family law process; and
52	52	(B) occurs after the parties sign a collaborative
53	53	family law participation agreement and before the collaborative
54	54	family law process is concluded.
55	55	(2) "Collaborative family law participation
56	56	agreement" means an agreement by persons to participate in a
57	57	collaborative family law process.
58	58	(3) "Collaborative family law matter" means a dispute,
59	59	transaction, claim, problem, or issue for resolution that arises
60	60	under Title 1 or 5 and that is described in a collaborative family
61	61	law participation agreement. The term includes a dispute, claim,
62	62	or issue in a proceeding.
63	63	(4) "Collaborative family law process" means a
64	64	procedure intended to resolve a collaborative family law matter
65	65	without intervention by a tribunal in which parties:
66	66	(A) sign a collaborative family law
67	67	participation agreement; and
68	68	(B) are represented by collaborative family law
69	69	lawyers.
70	70	(5) "Collaborative lawyer" means a lawyer who
71	71	represents a party in a collaborative family law process.
72	72	(6) "Law firm" means:
73	73	(A) lawyers who practice law together in a
74	74	partnership, professional corporation, sole proprietorship,
75	75	limited liability company, or association; and
76	76	(B) lawyers employed in a legal services
77	77	organization or in the legal department of a corporation or other
78	78	organization or of a government or governmental subdivision,
79	79	agency, or instrumentality.
80	80	(7) "Nonparty participant" means a person, including a
81	81	collaborative lawyer, other than a party, who participates in a
82	82	collaborative family law process.
83	83	(8) "Party" means a person who signs a collaborative
84	84	family law participation agreement and whose consent is necessary
85	85	to resolve a collaborative family law matter.
86	86	(9) "Proceeding" means a judicial, administrative,
87	87	arbitral, or other adjudicative process before a tribunal,
88	88	including related prehearing and posthearing motions, conferences,
89	89	and discovery.
90	90	(10) "Prospective party" means a person who discusses
91	91	with a prospective collaborative lawyer the possibility of signing
92	92	a collaborative family law participation agreement.
93	93	(11) "Record" means information that is inscribed on a
94	94	tangible medium or that is stored in an electronic or other medium
95	95	and is retrievable in perceivable form.
96	96	(12) "Related to a collaborative family law matter"
97	97	means a matter involving the same parties, transaction or
98	98	occurrence, nucleus of operative fact, dispute, claim, or issue as
99	99	the collaborative family law matter.
100	100	(13) "Sign" means, with present intent to authenticate
101	101	or adopt a record, to:
102	102	(A) execute or adopt a tangible symbol; or
103	103	(B) attach to or logically associate with the
104	104	record an electronic symbol, sound, or process.
105	105	(14) "Tribunal" means a court, arbitrator,
106	106	administrative agency, or other body acting in an adjudicative
107	107	capacity that, after presentation of evidence or legal argument,
108	108	has jurisdiction to render a decision affecting a party's interests
109	109	in a matter.
110	110	Sec. 15.053. APPLICABILITY. This chapter applies only to a
111	111	matter arising under Title 1 or 5.
112	112	[Sections 15.054-15.100 reserved for expansion]
113	113	SUBCHAPTER C. COLLABORATIVE FAMILY LAW PROCESS
114	114	Sec. 15.101. REQUIREMENTS FOR COLLABORATIVE FAMILY LAW
115	115	PARTICIPATION AGREEMENT. (a) A collaborative family law
116	116	participation agreement must:
117	117	(1) be in a record;
118	118	(2) be signed by the parties;
119	119	(3) state the parties' intent to resolve a
120	120	collaborative family law matter through a collaborative family law
121	121	process under this chapter;
122	122	(4) describe the nature and scope of the collaborative
123	123	family law matter;
124	124	(5) identify the collaborative lawyer who represents
125	125	each party in the collaborative family law process; and
126	126	(6) contain a statement by each collaborative lawyer
127	127	confirming the lawyer's representation of a party in the
128	128	collaborative family law process.
129	129	(b) A collaborative family law participation agreement must
130	130	include provisions for:
131	131	(1) suspending tribunal intervention in the
132	132	collaborative family law matter while the parties are using the
133	133	collaborative family law process; and
134	134	(2) unless otherwise agreed in writing, jointly
135	135	engaging any professionals, experts, or advisors serving in a
136	136	neutral capacity.
137	137	(c) Parties may agree to include in a collaborative family
138	138	law participation agreement additional provisions not inconsistent
139	139	with this chapter.
140	140	Sec. 15.102. BEGINNING AND CONCLUDING COLLABORATIVE FAMILY
141	141	LAW PROCESS. (a) A collaborative family law process begins when
142	142	the parties sign a collaborative family law participation
143	143	agreement.
144	144	(b) A tribunal may not order a party to participate in a
145	145	collaborative family law process over that party's objection.
146	146	(c) A collaborative family law process is concluded by:
147	147	(1) resolution of a collaborative family law matter as
148	148	evidenced by a signed record;
149	149	(2) resolution of a part of a collaborative family law
150	150	matter, evidenced by a signed record, in which the parties agree
151	151	that the remaining parts of the matter will not be resolved in the
152	152	process; or
153	153	(3) termination of the process under Subsection (d).
154	154	(d) A collaborative family law process terminates:
155	155	(1) when a party gives notice to other parties in a
156	156	record that the process is ended;
157	157	(2) when a party:
158	158	(A) begins a proceeding related to a
159	159	collaborative family law matter without the agreement of all
160	160	parties; or
161	161	(B) in a pending proceeding related to the
162	162	matter:
163	163	(i) without the agreement of all parties,
164	164	initiates a pleading, motion, or request for a conference with the
165	165	tribunal;
166	166	(ii) initiates an order to show cause or
167	167	requests that the proceeding be put on the tribunal's active
168	168	calendar; or
169	169	(iii) takes similar action requiring notice
170	170	to be sent to the parties; or
171	171	(3) except as otherwise provided by Subsection (g),
172	172	when a party discharges a collaborative lawyer or a collaborative
173	173	lawyer withdraws from further representation of a party.
174	174	(e) A party's collaborative lawyer shall give prompt notice
175	175	in a record to all other parties of the collaborative lawyer's
176	176	discharge or withdrawal.
177	177	(f) A party may terminate a collaborative family law process
178	178	with or without cause.
179	179	(g) Notwithstanding the discharge or withdrawal of a
180	180	collaborative lawyer, a collaborative family law process continues
181	181	if, not later than the 30th day after the date the notice of the
182	182	collaborative lawyer's discharge or withdrawal required by
183	183	Subsection (e) is sent to the parties:
184	184	(1) the unrepresented party engages a successor
185	185	collaborative lawyer; and
186	186	(2) in a signed record:
187	187	(A) the parties consent to continue the process
188	188	by reaffirming the collaborative family law participation
189	189	agreement;
190	190	(B) the agreement is amended to identify the
191	191	successor collaborative lawyer; and
192	192	(C) the successor collaborative lawyer confirms
193	193	the lawyer's representation of a party in the collaborative
194	194	process.
195	195	(h) A collaborative family law process does not conclude if,
196	196	with the consent of the parties to a signed record resolving all or
197	197	part of the collaborative matter, a party requests a tribunal to
198	198	approve a resolution of the collaborative family law matter or any
199	199	part of that matter as evidenced by a signed record.
200	200	(i) A collaborative family law participation agreement may
201	201	provide additional methods of concluding a collaborative family law
202	202	process.
203	203	Sec. 15.103. PROCEEDINGS PENDING BEFORE TRIBUNAL; STATUS
204	204	REPORT. (a) The parties to a proceeding pending before a tribunal
205	205	may sign a collaborative family law participation agreement to seek
206	206	to resolve a collaborative family law matter related to the
207	207	proceeding. The parties shall file promptly with the tribunal a
208	208	notice of the agreement after the agreement is signed. Subject to
209	209	Subsection (c) and Sections 15.104 and 15.105, the filing operates
210	210	as a stay of the proceeding.
211	211	(b) A tribunal that is notified, not later than the 30th day
212	212	before the date of a proceeding, that the parties are using the
213	213	collaborative family law process to attempt to settle a
214	214	collaborative family law matter may not, until a party notifies the
215	215	tribunal that the collaborative family law process did not result
216	216	in a settlement:
217	217	(1) set a proceeding or a hearing in the collaborative
218	218	family law matter;
219	219	(2) impose discovery deadlines;
220	220	(3) require compliance with scheduling orders; or
221	221	(4) dismiss the proceeding.
222	222	(c) The parties shall notify the tribunal in a pending
223	223	proceeding if the collaborative family law process results in a
224	224	settlement. If the collaborative family law process does not
225	225	result in a settlement, the parties shall file a status report:
226	226	(1) not later than the 180th day after the date the
227	227	collaborative family law participation agreement was signed or, if
228	228	the proceeding was filed by agreement after the collaborative
229	229	family law participation agreement was signed, not later than the
230	230	180th day after the date the proceeding was filed; and
231	231	(2) on or before the first anniversary of the date the
232	232	collaborative family law participation agreement was signed or, if
233	233	the proceeding was filed by agreement after the collaborative
234	234	family law participation agreement was signed, on or before the
235	235	first anniversary of the date the proceeding was filed, accompanied
236	236	by a motion for continuance.
237	237	(d) The tribunal shall grant a motion for continuance filed
238	238	under Subsection (c)(2) if the status report indicates that the
239	239	parties desire to continue to use the collaborative family law
240	240	process.
241	241	(e) If the collaborative family law process does not result
242	242	in a settlement on or before the second anniversary of the date the
243	243	proceeding was filed, the tribunal may:
244	244	(1) set the proceeding for trial on the regular
245	245	docket; or
246	246	(2) dismiss the proceeding without prejudice.
247	247	(f) Each party shall file promptly with the tribunal notice
248	248	in a record when a collaborative family law process concludes. The
249	249	stay of the proceeding under Subsection (a) is lifted when the
250	250	notice is filed. The notice may not specify any reason for
251	251	termination of the process.
252	252	(g) A tribunal in which a proceeding is stayed under
253	253	Subsection (a) may require the parties and collaborative lawyers to
254	254	provide a status report on the collaborative family law process and
255	255	the proceeding. A status report:
256	256	(1) may include only information on whether the
257	257	process is ongoing or concluded; and
258	258	(2) may not include a report, assessment, evaluation,
259	259	recommendation, finding, or other communication regarding a
260	260	collaborative family law process or collaborative family law
261	261	matter.
262	262	(h) A tribunal may not consider a communication made in
263	263	violation of Subsection (g).
264	264	(i) A tribunal shall provide parties notice and an
265	265	opportunity to be heard before dismissing a proceeding based on
266	266	delay or failure to prosecute in which a notice of collaborative
267	267	family law process is filed.
268	268	Sec. 15.104. EMERGENCY ORDER. During a collaborative
269	269	family law process, a tribunal may issue an emergency order to
270	270	protect the health, safety, welfare, or interest of a party or a
271	271	family, as defined by Section 71.003. If the emergency order is
272	272	granted without the agreement of all parties, the granting of the
273	273	order terminates the collaborative process.
274	274	Sec. 15.105. EFFECT OF WRITTEN SETTLEMENT AGREEMENT. (a) A
275	275	settlement agreement under this chapter is enforceable in the same
276	276	manner as a written settlement agreement under Section 154.071,
277	277	Civil Practice and Remedies Code.
278	278	(b) Notwithstanding Rule 11, Texas Rules of Civil
279	279	Procedure, or another rule or law, a party is entitled to judgment
280	280	on a collaborative family law settlement agreement if the
281	281	agreement:
282	282	(1) provides, in a prominently displayed statement
283	283	that is in boldfaced type, capitalized, or underlined, that the
284	284	agreement is not subject to revocation; and
285	285	(2) is signed by each party to the agreement and the
286	286	collaborative lawyer of each party.
287	287	Sec. 15.106. DISQUALIFICATION OF COLLABORATIVE LAWYER AND
288	288	LAWYERS IN ASSOCIATED LAW FIRM; EXCEPTION. (a) In this section,
289	289	"family" has the meaning assigned by Section 71.003.
290	290	(b) Except as provided by Subsection (d), a collaborative
291	291	lawyer is disqualified from appearing before a tribunal to
292	292	represent a party in a proceeding related to the collaborative
293	293	family law matter regardless of whether the collaborative lawyer is
294	294	representing the party for a fee.
295	295	(c) Except as provided by Subsection (d) and Sections 15.107
296	296	and 15.108, a lawyer in a law firm with which the collaborative
297	297	lawyer is associated is disqualified from appearing before a
298	298	tribunal to represent a party in a proceeding related to the
299	299	collaborative family law matter if the collaborative lawyer is
300	300	disqualified from doing so under Subsection (b).
301	301	(d) A collaborative lawyer or a lawyer in a law firm with
302	302	which the collaborative lawyer is associated may represent a party:
303	303	(1) to request a tribunal to approve an agreement
304	304	resulting from the collaborative family law process; or
305	305	(2) to seek or defend an emergency order to protect the
306	306	health, safety, welfare, or interest of a party or a family if a
307	307	successor lawyer is not immediately available to represent that
308	308	party.
309	309	(e) The exception prescribed by Subsection (d) does not
310	310	apply after the party is represented by a successor lawyer or
311	311	reasonable measures are taken to protect the health, safety,
312	312	welfare, or interest of that party or family.
313	313	Sec. 15.107. EXCEPTION FROM DISQUALIFICATION FOR
314	314	REPRESENTATION OF LOW-INCOME PARTIES. After a collaborative family
315	315	law process concludes, another lawyer in a law firm with which a
316	316	collaborative lawyer disqualified under Section 15.106(b) is
317	317	associated may represent a party without a fee in the collaborative
318	318	family law matter or a matter related to the collaborative family
319	319	law matter if:
320	320	(1) the party has an annual income that qualifies the
321	321	party for free legal representation under the criteria established
322	322	by the law firm for free legal representation;
323	323	(2) the collaborative family law participation
324	324	agreement authorizes that representation; and
325	325	(3) the collaborative lawyer is isolated from any
326	326	participation in the collaborative family law matter or a matter
327	327	related to the collaborative family law matter through procedures
328	328	within the law firm that are reasonably calculated to isolate the
329	329	collaborative lawyer from such participation.
330	330	Sec. 15.108. GOVERNMENTAL ENTITY AS PARTY. (a) In this
331	331	section, "governmental entity" has the meaning assigned by Section
332	332	101.014.
333	333	(b) The disqualification prescribed by Section 15.106(b)
334	334	applies to a collaborative lawyer representing a party that is a
335	335	governmental entity.
336	336	(c) After a collaborative family law process concludes,
337	337	another lawyer in a law firm with which the collaborative lawyer is
338	338	associated may represent a governmental entity in the collaborative
339	339	family law matter or a matter related to the collaborative family
340	340	law matter if:
341	341	(1) the collaborative family law participation
342	342	agreement authorizes that representation; and
343	343	(2) the collaborative lawyer is isolated from any
344	344	participation in the collaborative family law matter or a matter
345	345	related to the collaborative family law matter through procedures
346	346	within the law firm that are reasonably calculated to isolate the
347	347	collaborative lawyer from such participation.
348	348	Sec. 15.109. DISCLOSURE OF INFORMATION. (a) Except as
349	349	provided by law other than this chapter, during the collaborative
350	350	family law process, on the request of another party, a party shall
351	351	make timely, full, candid, and informal disclosure of information
352	352	related to the collaborative matter without formal discovery. A
353	353	party shall update promptly any previously disclosed information
354	354	that has materially changed.
355	355	(b) The parties may define the scope of the disclosure under
356	356	Subsection (a) during the collaborative family law process.
357	357	Sec. 15.110. STANDARDS OF PROFESSIONAL RESPONSIBILITY AND
358	358	MANDATORY REPORTING NOT AFFECTED. This chapter does not affect:
359	359	(1) the professional responsibility obligations and
360	360	standards applicable to a lawyer or other licensed professional; or
361	361	(2) the obligation of a person under other law to
362	362	report abuse or neglect, abandonment, or exploitation of a child or
363	363	adult.
364	364	Sec. 15.111. INFORMED CONSENT. Before a prospective party
365	365	signs a collaborative family law participation agreement, a
366	366	prospective collaborative lawyer must:
367	367	(1) assess with the prospective party factors the
368	368	lawyer reasonably believes relate to whether a collaborative family
369	369	law process is appropriate for the prospective party's matter;
370	370	(2) provide the prospective party with information
371	371	that the lawyer reasonably believes is sufficient for the
372	372	prospective party to make an informed decision about the material
373	373	benefits and risks of a collaborative family law process as
374	374	compared to the material benefits and risks of other reasonably
375	375	available alternatives for resolving the proposed collaborative
376	376	matter, including litigation, mediation, arbitration, or expert
377	377	evaluation; and
378	378	(3) advise the prospective party that:
379	379	(A) after signing an agreement, if a party
380	380	initiates a proceeding or seeks tribunal intervention in a pending
381	381	proceeding related to the collaborative family law matter, the
382	382	collaborative family law process terminates;
383	383	(B) participation in a collaborative family law
384	384	process is voluntary and any party has the right to terminate
385	385	unilaterally a collaborative family law process with or without
386	386	cause; and
387	387	(C) the collaborative lawyer and any lawyer in a
388	388	law firm with which the collaborative lawyer is associated may not
389	389	appear before a tribunal to represent a party in a proceeding
390	390	related to the collaborative family law matter, except as
391	391	authorized by Section 15.106(d), 15.107(b), or 15.108(c).
392	392	Sec. 15.112. FAMILY VIOLENCE. (a) In this section:
393	393	(1) "Dating relationship" has the meaning assigned by
394	394	Section 77.0021(b).
395	395	(2) "Family violence" has the meaning assigned by
396	396	Section 71.004.
397	397	(3) "Household" has the meaning assigned by Section
398	398	71.005.
399	399	(4) "Member of a household" has the meaning assigned
400	400	by Section 71.006.
401	401	(b) Before a prospective party signs a collaborative family
402	402	law participation agreement in a collaborative family law matter in
403	403	which another prospective party is a member of the prospective
404	404	party's family or household or with whom the prospective party has
405	405	or has had a dating relationship, a prospective collaborative
406	406	lawyer must make reasonable inquiry regarding whether the
407	407	prospective party has a history of family violence with the other
408	408	prospective party.
409	409	(c) If a collaborative lawyer reasonably believes that the
410	410	party the lawyer represents, or the prospective party with whom the
411	411	collaborative lawyer consults, as applicable, has a history of
412	412	family violence with another party or prospective party, the lawyer
413	413	may not begin or continue a collaborative family law process
414	414	unless:
415	415	(1) the party or prospective party requests beginning
416	416	or continuing a process; and
417	417	(2) the collaborative lawyer or prospective
418	418	collaborative lawyer determines with the party or prospective party
419	419	what, if any, reasonable steps could be taken to address the
420	420	concerns regarding family violence.
421	421	Sec. 15.113. CONFIDENTIALITY OF COLLABORATIVE FAMILY LAW
422	422	COMMUNICATION. (a) A collaborative family law communication is
423	423	confidential to the extent agreed to by the parties in a signed
424	424	record or as provided by law other than this chapter.
425	425	(b) If the parties agree in a signed record, the conduct and
426	426	demeanor of the parties and nonparty participants, including their
427	427	collaborative lawyers, are confidential.
428	428	(c) If the parties agree in a signed record, communications
429	429	related to the collaborative family law matter occurring before the
430	430	signing of the collaborative family law participation agreement are
431	431	confidential.
432	432	Sec. 15.114. PRIVILEGE AGAINST DISCLOSURE OF COLLABORATIVE
433	433	FAMILY LAW COMMUNICATION. (a) Except as provided by Section
434	434	15.115, a collaborative family law communication, whether made
435	435	before or after the institution of a proceeding, is privileged and
436	436	not subject to disclosure and may not be used as evidence against a
437	437	party or nonparty participant in a proceeding.
438	438	(b) Any record of a collaborative family law communication
439	439	is privileged, and neither the parties nor the nonparty
440	440	participants may be required to testify in a proceeding related to
441	441	or arising out of the collaborative family law matter or be subject
442	442	to a process requiring disclosure of privileged information or data
443	443	related to the collaborative matter.
444	444	(c) An oral communication or written material used in or
445	445	made a part of a collaborative family law process is admissible or
446	446	discoverable if it is admissible or discoverable independent of the
447	447	collaborative family law process.
448	448	(d) If this section conflicts with other legal requirements
449	449	for disclosure of communications, records, or materials, the issue
450	450	of privilege may be presented to the tribunal having jurisdiction
451	451	of the proceeding to determine, in camera, whether the facts,
452	452	circumstances, and context of the communications or materials
453	453	sought to be disclosed warrant a protective order of the tribunal or
454	454	whether the communications or materials are subject to disclosure.
455	455	The presentation of the issue of privilege under this subsection
456	456	does not constitute a termination of the collaborative family law
457	457	process under Section 15.102(d)(2)(B).
458	458	(e) A party or nonparty participant may disclose privileged
459	459	collaborative family law communications to a party's successor
460	460	counsel, subject to the terms of confidentiality in the
461	461	collaborative family law participation agreement. Collaborative
462	462	family law communications disclosed under this subsection remain
463	463	privileged.
464	464	(f) A person who makes a disclosure or representation about
465	465	a collaborative family law communication that prejudices the rights
466	466	of a party or nonparty participant in a proceeding may not assert a
467	467	privilege under this section. The restriction provided by this
468	468	subsection applies only to the extent necessary for the person
469	469	prejudiced to respond to the disclosure or representation.
470	470	Sec. 15.115. LIMITS OF PRIVILEGE. (a) The privilege
471	471	prescribed by Section 15.114 does not apply to a collaborative
472	472	family law communication that is:
473	473	(1) in an agreement resulting from the collaborative
474	474	family law process, evidenced in a record signed by all parties to
475	475	the agreement;
476	476	(2) subject to an express waiver of the privilege in a
477	477	record or orally during a proceeding if the waiver is made by all
478	478	parties and nonparty participants;
479	479	(3) available to the public under Chapter 552,
480	480	Government Code, or made during a session of a collaborative family
481	481	law process that is open, or is required by law to be open, to the
482	482	public;
483	483	(4) a threat or statement of a plan to inflict bodily
484	484	injury or commit a crime of violence;
485	485	(5) a disclosure of a plan to commit or attempt to
486	486	commit a crime, or conceal an ongoing crime or ongoing criminal
487	487	activity;
488	488	(6) a disclosure in a report of:
489	489	(A) suspected abuse or neglect of a child to an
490	490	appropriate agency under Subchapter B, Chapter 261, or in a
491	491	proceeding regarding the abuse or neglect of a child, except that
492	492	evidence may be excluded in the case of communications between an
493	493	attorney and client under Subchapter C, Chapter 261; or
494	494	(B) abuse, neglect, or exploitation of an elderly
495	495	or disabled person to an appropriate agency under Subchapter B,
496	496	Chapter 48, Human Resources Code; or
497	497	(7) sought or offered to prove or disprove:
498	498	(A) a claim or complaint of professional
499	499	misconduct or malpractice arising from or related to a
500	500	collaborative family law process;
501	501	(B) an allegation that the settlement agreement
502	502	was procured by fraud, duress, coercion, or other dishonest means
503	503	or that terms of the settlement agreement are illegal;
504	504	(C) the necessity and reasonableness of
505	505	attorney's fees and related expenses incurred during a
506	506	collaborative family law process or to challenge or defend the
507	507	enforceability of the collaborative family law settlement
508	508	agreement; or
509	509	(D) a claim against a third person who did not
510	510	participate in the collaborative family law process.
511	511	(b) If a collaborative family law communication is subject
512	512	to an exception under Subsection (a), only the part of the
513	513	communication necessary for the application of the exception may be
514	514	disclosed or admitted.
515	515	(c) The disclosure or admission of evidence excepted from
516	516	the privilege under Subsection (a) does not make the evidence or any
517	517	other collaborative family law communication discoverable or
518	518	admissible for any other purpose.
519	519	Sec. 15.116. AUTHORITY OF TRIBUNAL IN CASE OF
520	520	NONCOMPLIANCE. (a) Notwithstanding that an agreement fails to
521	521	meet the requirements of Section 15.101 or that a lawyer has failed
522	522	to comply with Section 15.111 or 15.112, a tribunal may find that
523	523	the parties intended to enter into a collaborative family law
524	524	participation agreement if the parties:
525	525	(1) signed a record indicating an intent to enter into
526	526	a collaborative family law participation agreement; and
527	527	(2) reasonably believed the parties were
528	528	participating in a collaborative family law process.
529	529	(b) If a tribunal makes the findings specified in Subsection
530	530	(a) and determines that the interests of justice require the
531	531	following action, the tribunal may:
532	532	(1) enforce an agreement evidenced by a record
533	533	resulting from the process in which the parties participated;
534	534	(2) apply the disqualification provisions of Sections
535	535	15.106, 15.107, and 15.108; and
536	536	(3) apply the collaborative family law privilege under
537	537	Section 15.114.
538	538	SECTION 2. Sections 6.603 and 153.0072, Family Code, are
539	539	repealed.
540	540	SECTION 3. Title 1-A, Family Code, as added by this Act,
541	541	applies only to a collaborative family law participation agreement
542	542	signed on or after the effective date of this Act. A collaborative
543	543	family law participation agreement signed before that date is
544	544	governed by the law in effect on the date the agreement was signed,
545	545	and the former law is continued in effect for that purpose.
546	546	SECTION 4. This Act takes effect September 1, 2011.
547	547	* * * * *