Texas 2013 - 83rd Regular

Texas Senate Bill SB1202 Compare Versions

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Old	New	Differences
1	1	83R28606 TJS-F
2	2	By: West S.B. No. 1202
3	3	(Anchia)
4	4	Substitute the following for S.B. No. 1202: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to an order to conduct mediation following an application
10	10	for expedited judicial foreclosure proceedings.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter B, Chapter 154, Civil Practice and
13	13	Remedies Code, is amended by adding Section 154.028 to read as
14	14	follows:
15	15	Sec. 154.028. MEDIATION FOLLOWING APPLICATION FOR
16	16	EXPEDITED FORECLOSURE. (a) A citation for expedited foreclosure
17	17	may be served in the manner provided by Rule 106 or 736, Texas Rules
18	18	of Civil Procedure. Following the filing of a response to an
19	19	application for an expedited foreclosure proceeding under Rule
20	20	736.5, Texas Rules of Civil Procedure, a court may, in the court's
21	21	discretion, conduct a hearing to determine whether to order
22	22	mediation. A court may not order mediation without conducting a
23	23	hearing. The petitioner or respondent may request a hearing to
24	24	determine whether mediation is necessary or whether an application
25	25	is defective.
26	26	(b) A hearing under Subsection (a) may not be conducted
27	27	before the expiration of the respondent's deadline to file a
28	28	response.
29	29	(c) Subject to Subsection (d), a hearing under Subsection
30	30	(a) may be conducted by telephone.
31	31	(d) Not later than the 10th day before the date of a hearing
32	32	under Subsection (a), the court shall send notice of the hearing to
33	33	the parties concerning whether the hearing will be conducted by
34	34	telephone and, if applicable, instructions for contacting the court
35	35	and attending the hearing by telephone.
36	36	(e) At a hearing under Subsection (a), the court must
37	37	consider any objections to the referral of the case to mediation.
38	38	(f) If the court orders the case to mediation, the mediation
39	39	must be conducted before the expiration of any deadline imposed by
40	40	Rule 736, Texas Rules of Civil Procedure.
41	41	(g) If the parties to a case that has been ordered to
42	42	mediation are unable to agree on the appointment of a mediator, the
43	43	court may appoint a mediator. If a mediator is appointed by the
44	44	court, the court shall provide all parties with the name of the
45	45	chosen mediator at the mediation hearing if the parties are unable
46	46	to agree to a mediator at that hearing.
47	47	(h) A mediator's fee shall be divided equally between the
48	48	parties.
49	49	(i) The parties may agree to waive the mediation process.
50	50	(j) The court may not conduct a hearing under this section
51	51	if the applicant has served the citation in compliance with Rule
52	52	106, Texas Rules of Civil Procedure, and a response to the
53	53	application has not been filed before the deadline provided by Rule
54	54	736, Texas Rules of Civil Procedure.
55	55	(k) If a respondent fails to attend a mediation hearing
56	56	after notice in accordance with Subsection (d), the court:
57	57	(1) may not order mediation; and
58	58	(2) shall grant or deny the petitioner's motion for
59	59	default order under Rule 736.7, Texas Rules of Civil Procedure.
60	60	(l) If a respondent attends a hearing and mediation is
61	61	ordered, any mediation must take place not later than the 29th day
62	62	after the date the petitioner filed a motion for default order.
63	63	(m) Notwithstanding Section 22.004, Government Code, the
64	64	supreme court may not amend or adopt rules in conflict with this
65	65	section.
66	66	SECTION 2. This Act takes effect September 1, 2013.