By: West S.B. No. 1202
(In the Senate - Filed March 6, 2013; March 12, 2013, read
first time and referred to Committee on Jurisprudence;
April 18, 2013, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 6, Nays 0; April 18, 2013,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1202 By: West
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.
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