Texas 2015 - 84th Regular

Texas House Bill HB2512 Compare Versions

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1	1	84R858 CAE-F
2	2	By: Zedler H.B. No. 2512
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the adoption of a uniform collaborative law Act.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Title 7, Civil Practice and Remedies Code, is
10	10	amended by adding Chapter 161 to read as follows:
11	11	CHAPTER 161. UNIFORM COLLABORATIVE LAW ACT
12	12	SUBCHAPTER A. APPLICATION AND CONSTRUCTION
13	13	Sec. 161.001. POLICY. It is the policy of this state to
14	14	encourage the peaceable resolution of disputes and the early
15	15	settlement of pending litigation through voluntary settlement
16	16	procedures.
17	17	Sec. 161.002. CONFLICTS BETWEEN PROVISIONS. If a provision
18	18	of this chapter conflicts with another provision of this code or
19	19	another statute or rule of this state and the conflict cannot be
20	20	reconciled, this chapter prevails. This chapter does not apply to
21	21	family law matters governed by Chapter 15, Family Code.
22	22	Sec. 161.003. UNIFORMITY OF APPLICATION AND CONSTRUCTION.
23	23	In applying and construing this chapter, consideration must be
24	24	given to the need to promote uniformity of the law with respect to
25	25	its subject matter among states that enact a collaborative law
26	26	process Act.
27	27	Sec. 161.004. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL
28	28	AND NATIONAL COMMERCE ACT. This chapter modifies, limits, and
29	29	supersedes the federal Electronic Signatures in Global and National
30	30	Commerce Act (15 U.S.C. Section 7001 et seq.) but does not modify,
31	31	limit, or supersede Section 101(c) of that Act (15 U.S.C. Section
32	32	7001(c)), or authorize electronic delivery of any of the notices
33	33	described in Section 103(b) of that Act (15 U.S.C. Section
34	34	7003(b)).
35	35	SUBCHAPTER B. GENERAL PROVISIONS
36	36	Sec. 161.051. SHORT TITLE. This chapter may be cited as the
37	37	Uniform Collaborative Law Act.
38	38	Sec. 161.052. DEFINITIONS. In this chapter:
39	39	(1) "Collaborative law communication" means a
40	40	statement made by a party or nonparty participant, whether oral or
41	41	in a record, or verbal or nonverbal, that:
42	42	(A) is made to conduct, participate in, continue,
43	43	or reconvene a collaborative law process; and
44	44	(B) occurs after the parties sign a collaborative
45	45	law participation agreement and before the collaborative law
46	46	process is terminated or otherwise concluded.
47	47	(2) "Collaborative law participation agreement" means
48	48	an agreement by persons to participate in a collaborative law
49	49	process in conformity with this chapter.
50	50	(3) "Collaborative law process" means a procedure
51	51	intended to resolve a collaborative matter without intervention by
52	52	a tribunal in which parties:
53	53	(A) sign a collaborative law participation
54	54	agreement; and
55	55	(B) are represented by collaborative lawyers.
56	56	(4) "Collaborative lawyer" means a lawyer who
57	57	represents a party in a collaborative law process.
58	58	(5) "Collaborative matter" means a dispute,
59	59	transaction, claim, problem, or issue for resolution described in a
60	60	collaborative law participation agreement. The term includes a
61	61	dispute, claim, or issue in a proceeding.
62	62	(6) "Law firm" means:
63	63	(A) lawyers who practice law together in a
64	64	partnership, professional corporation, sole proprietorship,
65	65	limited liability company, or association; and
66	66	(B) lawyers employed in a legal services
67	67	organization or in the legal department of a corporation or other
68	68	organization or of a government or governmental subdivision,
69	69	agency, or instrumentality.
70	70	(7) "Nonparty participant" means a person, including a
71	71	collaborative lawyer, other than a party, who participates in a
72	72	collaborative law process.
73	73	(8) "Party" means a person who signs a collaborative
74	74	law participation agreement and whose consent is necessary to
75	75	resolve a collaborative matter.
76	76	(9) "Proceeding" means:
77	77	(A) a judicial, administrative, arbitral, or
78	78	other adjudicative process before a tribunal, including related
79	79	prehearing and posthearing motions, conferences, and discovery; or
80	80	(B) a legislative hearing or similar process.
81	81	(10) "Prospective party" means a person who discusses
82	82	with a prospective collaborative lawyer the possibility of signing
83	83	a collaborative law participation agreement.
84	84	(11) "Record" means information that is inscribed on a
85	85	tangible medium or that is stored in an electronic or other medium
86	86	and is retrievable in perceivable form.
87	87	(12) "Related to a collaborative matter" means a
88	88	matter involving the same parties, occurrence, and nucleus of
89	89	operative facts as the collaborative matter.
90	90	(13) "Sign" means, with present intent to authenticate
91	91	or adopt a record, to:
92	92	(A) execute or adopt a tangible symbol; or
93	93	(B) attach to or logically associate with the
94	94	record an electronic symbol, sound, or process.
95	95	(14) "Tribunal" means:
96	96	(A) a court, arbitrator, administrative agency,
97	97	or other body acting in an adjudicative capacity that, after
98	98	presentation of evidence or legal argument, has jurisdiction to
99	99	render a decision affecting a party's interests in a matter; or
100	100	(B) a legislative body conducting a hearing or
101	101	similar process.
102	102	SUBCHAPTER C. COLLABORATIVE LAW PROCESS
103	103	Sec. 161.101. REQUIREMENTS OF COLLABORATIVE LAW
104	104	PARTICIPATION AGREEMENT. (a) A collaborative law participation
105	105	agreement must:
106	106	(1) be in a record;
107	107	(2) be signed by the parties;
108	108	(3) state the parties' intent to resolve a
109	109	collaborative matter through a collaborative law process under this
110	110	chapter;
111	111	(4) describe the nature and scope of the matter;
112	112	(5) identify the collaborative lawyer who represents
113	113	each party in the process;
114	114	(6) contain a statement or other representation by
115	115	each collaborative lawyer confirming the lawyer's representation
116	116	of a party in the collaborative law process; and
117	117	(7) state that the collaborative lawyers are
118	118	disqualified from representing their respective parties in a
119	119	proceeding before a tribunal related to the collaborative matter,
120	120	except as otherwise provided by this chapter.
121	121	(b) Parties may agree to include in a collaborative law
122	122	participation agreement additional provisions not inconsistent
123	123	with this chapter.
124	124	Sec. 161.102. BEGINNING AND CONCLUDING COLLABORATIVE LAW
125	125	PROCESS. (a) A collaborative law process begins when the parties
126	126	sign a collaborative law participation agreement.
127	127	(b) A tribunal may not order a party to participate in a
128	128	collaborative law process over that party's objection.
129	129	(c) A collaborative law process is concluded by:
130	130	(1) resolution of a collaborative matter as evidenced
131	131	by a signed record;
132	132	(2) resolution of a part of a collaborative matter,
133	133	evidenced by a signed record, in which the parties agree that the
134	134	remaining parts of the matter will not be resolved in the process;
135	135	or
136	136	(3) termination of the process under Subsection (d) or
137	137	as otherwise provided by this chapter.
138	138	(d) A collaborative law process terminates:
139	139	(1) when a party or collaborative lawyer gives notice
140	140	to all other parties or collaborative lawyers in a record that the
141	141	process is ended;
142	142	(2) when a party:
143	143	(A) begins a proceeding related to a
144	144	collaborative matter without the agreement of all parties; or
145	145	(B) in a pending proceeding related to the
146	146	matter:
147	147	(i) without the agreement of all parties,
148	148	initiates a pleading, motion, or request for a conference with the
149	149	tribunal;
150	150	(ii) initiates an order to show cause or
151	151	requests that the proceeding be put on the tribunal's active
152	152	calendar; or
153	153	(iii) takes similar action requiring notice
154	154	to be sent to the parties; or
155	155	(3) except as otherwise provided by Subsection (g),
156	156	when a party discharges a collaborative lawyer or a collaborative
157	157	lawyer withdraws from further representation of a party.
158	158	(e) A party's collaborative lawyer shall give prompt notice
159	159	in a record to all other parties of the collaborative lawyer's
160	160	discharge or withdrawal.
161	161	(f) A party may terminate a collaborative law process with
162	162	or without cause.
163	163	(g) Notwithstanding the discharge or withdrawal of a
164	164	collaborative lawyer, a collaborative law process continues if, not
165	165	later than the 30th day after the date the notice of the
166	166	collaborative lawyer's discharge or withdrawal required by
167	167	Subsection (e) is sent to the parties:
168	168	(1) the unrepresented party engages a successor
169	169	collaborative lawyer; and
170	170	(2) in a signed record:
171	171	(A) the parties consent to continue the process
172	172	by reaffirming the collaborative law participation agreement;
173	173	(B) the agreement is amended to identify the
174	174	successor collaborative lawyer; and
175	175	(C) the successor collaborative lawyer confirms
176	176	the lawyer's representation of a party in the collaborative law
177	177	process.
178	178	(h) A collaborative law process does not conclude if, with
179	179	the consent of the parties to a signed record resolving all or part
180	180	of the collaborative matter, a party requests a tribunal to approve
181	181	a resolution of the collaborative matter or any part of that matter
182	182	as evidenced by a signed record.
183	183	(i) A collaborative law participation agreement may provide
184	184	additional methods of concluding a collaborative law process.
185	185	(j) All applicable statutes of limitations shall
186	186	automatically toll beginning on the earlier of the date of the
187	187	commencement of a proceeding or the signing of the collaborative
188	188	law participation agreement by all parties in the collaborative law
189	189	process. Applicable limitations periods shall recommence running
190	190	with respect to a party on the later of the date on which the
191	191	proceeding terminates or otherwise concludes, or the 30th day after
192	192	the date on which the collaborative law process terminates or
193	193	otherwise concludes as to that party, unless a longer tolling
194	194	period is agreed to by all parties in the collaborative law
195	195	participation agreement.
196	196	Sec. 161.103. PROCEEDINGS PENDING BEFORE TRIBUNAL; STATUS
197	197	REPORT. (a) Persons in a proceeding pending before a tribunal may
198	198	sign a collaborative law participation agreement to seek to resolve
199	199	a collaborative matter related to the proceeding. The parties
200	200	shall file promptly with the tribunal a notice of the agreement
201	201	after the agreement is signed. Subject to Subsection (c) and
202	202	Sections 161.104 and 161.105, the filing operates as a stay of the
203	203	proceeding.
204	204	(b) Each party shall file promptly with the tribunal notice
205	205	in a record when a collaborative law process terminates or
206	206	otherwise concludes. The stay of the proceeding under Subsection
207	207	(a) is lifted when the notice is filed. The notice may not specify
208	208	any reason for terminating or otherwise concluding the process.
209	209	(c) A tribunal in which a proceeding is stayed under
210	210	Subsection (a) may require the parties and collaborative lawyers to
211	211	provide a status report on the collaborative law process and the
212	212	proceeding. A status report:
213	213	(1) may include only information on whether the
214	214	process is ongoing or concluded; and
215	215	(2) may not include a report, assessment, evaluation,
216	216	recommendation, finding, or other communication regarding a
217	217	collaborative law process or collaborative matter.
218	218	(d) A tribunal may not consider a communication made in
219	219	violation of Subsection (c).
220	220	(e) Two years after the date of a stay of a proceeding and
221	221	after providing the parties notice and an opportunity to be heard, a
222	222	tribunal may dismiss a proceeding based on delay or failure to
223	223	prosecute.
224	224	Sec. 161.104. EMERGENCY ORDER. During a collaborative law
225	225	process, a tribunal may issue an emergency order to protect the
226	226	health, safety, welfare, or interest of a party or nonparty
227	227	participant. If the emergency order is granted without the
228	228	agreement of all parties, the granting of the order terminates the
229	229	collaborative law process.
230	230	Sec. 161.105. EFFECT OF WRITTEN SETTLEMENT AGREEMENT. (a)
231	231	A settlement agreement under this chapter is enforceable in the
232	232	same manner as a written settlement agreement under Section
233	233	154.071.
234	234	(b) Notwithstanding Rule 11, Texas Rules of Civil
235	235	Procedure, or another rule or law, a party is entitled to judgment
236	236	on a settlement agreement under this chapter if the agreement:
237	237	(1) provides, in a prominently displayed statement
238	238	that is in boldfaced type, capitalized, or underlined, that the
239	239	agreement is not subject to revocation; and
240	240	(2) is signed by each party to the agreement and the
241	241	collaborative lawyer of each party.
242	242	Sec. 161.106. DISQUALIFICATION OF COLLABORATIVE LAWYER AND
243	243	LAWYERS IN ASSOCIATED LAW FIRM; EXCEPTION. (a) Except as otherwise
244	244	provided by Subsection (c) and Sections 161.107 and 161.108, a
245	245	collaborative lawyer is disqualified from appearing before a
246	246	tribunal to represent a party in a proceeding related to the
247	247	collaborative matter.
248	248	(b) Except as otherwise provided by Subsection (c) and
249	249	Sections 161.107 and 161.108, a lawyer in a law firm with which the
250	250	collaborative lawyer is associated is disqualified from appearing
251	251	before a tribunal to represent a party in a proceeding related to
252	252	the collaborative matter if the collaborative lawyer is
253	253	disqualified from doing so under Subsection (a).
254	254	(c) A collaborative lawyer or a lawyer in a law firm with
255	255	which the collaborative lawyer is associated may represent a party:
256	256	(1) to request a tribunal to approve an agreement
257	257	resulting from the collaborative law process; or
258	258	(2) to seek or defend an emergency order to protect the
259	259	health, safety, welfare, or interest of a party or nonparty
260	260	participant if a successor lawyer is not immediately available to
261	261	represent that person.
262	262	(d) The exception prescribed by Subsection (c)(2) does not
263	263	apply after the party is represented by a successor lawyer or
264	264	reasonable measures are taken to protect the health, safety,
265	265	welfare, or interest of that person.
266	266	Sec. 161.107. LOW-INCOME PARTIES. (a) The disqualification
267	267	of a collaborative lawyer as provided by Section 161.106(a) applies
268	268	to a collaborative lawyer representing a party with or without a
269	269	fee.
270	270	(b) After a collaborative law process concludes, another
271	271	lawyer in a law firm with which a collaborative lawyer disqualified
272	272	under Section 161.106(a) is associated may represent a party
273	273	without a fee in the collaborative matter or a matter related to the
274	274	collaborative matter if:
275	275	(1) the party has an annual income that qualifies the
276	276	party for free legal representation under the criteria established
277	277	by the law firm for free legal representation;
278	278	(2) the collaborative law participation agreement
279	279	authorizes that representation; and
280	280	(3) the collaborative lawyer is isolated from any
281	281	participation in the collaborative matter or a matter related to
282	282	the collaborative matter through procedures within the law firm
283	283	that are reasonably calculated to isolate the collaborative lawyer
284	284	from such participation.
285	285	Sec. 161.108. GOVERNMENTAL ENTITY AS PARTY. (a) The
286	286	disqualification prescribed by Section 161.106(a) applies to a
287	287	collaborative lawyer representing a party that is a government or
288	288	governmental subdivision, agency, or instrumentality.
289	289	(b) After a collaborative law process concludes, another
290	290	lawyer in the government or governmental subdivision, agency, or
291	291	instrumentality with which the collaborative lawyer is associated
292	292	may represent the government or governmental subdivision, agency,
293	293	or instrumentality in the collaborative matter or a matter related
294	294	to the collaborative matter if:
295	295	(1) the collaborative law participation agreement
296	296	authorizes that representation; and
297	297	(2) the collaborative lawyer is isolated from any
298	298	participation in the collaborative matter or a matter related to
299	299	the collaborative matter through procedures within the law firm
300	300	that are reasonably calculated to isolate the collaborative lawyer
301	301	from such participation.
302	302	Sec. 161.109. DISCLOSURE OF INFORMATION. (a) Except as
303	303	otherwise provided by law other than this chapter, during the
304	304	collaborative law process, on the request of another party, a party
305	305	shall make timely, full, candid, and informal disclosure of
306	306	non-privileged information related to the collaborative matter to
307	307	all participants in the collaborative law process without formal
308	308	discovery under the rules of the tribunal. A party shall update
309	309	promptly any previously disclosed information that has materially
310	310	changed.
311	311	(b) The parties may define the scope and terms of the
312	312	disclosure under Subsection (a) during the collaborative law
313	313	process.
314	314	Sec. 161.110. STANDARDS OF PROFESSIONAL RESPONSIBILITY AND
315	315	MANDATORY REPORTING NOT AFFECTED. This chapter does not affect:
316	316	(1) the professional responsibility obligations and
317	317	standards applicable to a lawyer or other licensed professional; or
318	318	(2) the obligation of a person under other law to
319	319	report abuse or neglect, abandonment, or exploitation of a child or
320	320	adult.
321	321	Sec. 161.111. INFORMED CONSENT. Before a prospective party
322	322	signs a collaborative law participation agreement, a prospective
323	323	collaborative lawyer must:
324	324	(1) assess with the prospective party factors the
325	325	lawyer reasonably believes relate to whether a collaborative law
326	326	process is appropriate for the prospective party's matter;
327	327	(2) provide the prospective party with information
328	328	that the lawyer reasonably believes is sufficient for the party to
329	329	make an informed decision about the material benefits and risks of a
330	330	collaborative law process as compared to the material benefits and
331	331	risks of other reasonably available alternatives for resolving the
332	332	proposed collaborative matter, including litigation, mediation,
333	333	arbitration, or expert evaluation; and
334	334	(3) advise the prospective party that:
335	335	(A) after signing an agreement, if a party
336	336	initiates a proceeding or seeks tribunal intervention in a pending
337	337	proceeding related to the collaborative matter without the consent
338	338	of all parties in a signed record, the collaborative law process
339	339	terminates;
340	340	(B) participation in a collaborative law process
341	341	is voluntary and any party or collaborative lawyer has the right to
342	342	terminate unilaterally a collaborative law process with or without
343	343	cause; and
344	344	(C) the collaborative lawyer and any lawyer in a
345	345	law firm with which the collaborative lawyer is associated may not
346	346	appear before a tribunal to represent a party in a proceeding
347	347	related to the collaborative matter, except as authorized by
348	348	Section 161.106(c), 161.107(b), or 161.108(b).
349	349	Sec. 161.112. CONFIDENTIALITY OF COLLABORATIVE LAW
350	350	COMMUNICATION. (a) A collaborative law communication is
351	351	confidential to the extent agreed to by the parties in a signed
352	352	record or as provided by law other than this chapter.
353	353	(b) The conduct and demeanor in the collaborative law
354	354	process of the parties and nonparty participants, including their
355	355	collaborative lawyers, are confidential.
356	356	(c) If the parties agree in a signed record, communications
357	357	related to the collaborative matter occurring before the signing of
358	358	the collaborative law participation agreement are confidential.
359	359	(d) If this section conflicts with other legal requirements
360	360	for disclosure of communications, records, or materials, the issue
361	361	of confidentiality may be presented to the tribunal having
362	362	jurisdiction of the proceeding to determine, in camera, whether the
363	363	facts, circumstances, and context of the communications or
364	364	materials sought to be disclosed warrant a protective order of the
365	365	tribunal or whether the communications or materials are subject to
366	366	disclosure. The presentation of the issue of confidentiality to a
367	367	tribunal under this subsection does not constitute a termination of
368	368	the collaborative law process under Section 161.102(d)(2)(A).
369	369	(e) A party or nonparty participant may disclose
370	370	confidential collaborative law communications to a party's
371	371	successor counsel, subject to the terms of confidentiality in the
372	372	collaborative law participation agreement. Collaborative law
373	373	communications disclosed under this subsection remain
374	374	confidential.
375	375	Sec. 161.113. PRIVILEGE AGAINST DISCLOSURE OF
376	376	COLLABORATIVE LAW COMMUNICATION. (a) Except as provided by
377	377	Section 161.114, a collaborative law communication, whether made
378	378	before or after the institution of a proceeding, is privileged and
379	379	not subject to disclosure and may not be used as evidence by or
380	380	against a party or nonparty participant in a proceeding.
381	381	(b) Any record of a collaborative law communication is
382	382	privileged, and neither the parties nor the nonparty participants
383	383	may be required to testify in a proceeding related to or arising out
384	384	of the collaborative matter or be subject to a process requiring
385	385	disclosure of privileged information or collaborative law
386	386	communications.
387	387	(c) An oral communication or written material used in or
388	388	made a part of a collaborative law process is admissible or
389	389	discoverable if it is admissible or discoverable independent of the
390	390	collaborative law process or obtained outside of the collaborative
391	391	law process.
392	392	(d) If this section conflicts with other legal requirements
393	393	for disclosure of communications, records, or materials, the issue
394	394	of privilege may be presented to the tribunal having jurisdiction
395	395	of the proceeding to determine, in camera, whether the facts,
396	396	circumstances, and context of the communications or materials
397	397	sought to be disclosed warrant a protective order of the tribunal or
398	398	whether the communications or materials are subject to
399	399	disclosure. The presentation of the issue of privilege to a
400	400	tribunal under this subsection does not constitute a termination of
401	401	the collaborative law process under Section 161.102(d)(2)(A).
402	402	(e) A party or nonparty participant may disclose privileged
403	403	collaborative law communications to a party's successor counsel,
404	404	subject to the terms of confidentiality in the collaborative law
405	405	participation agreement. Collaborative law communications
406	406	disclosed under this subsection remain privileged.
407	407	(f) A person who makes a disclosure or representation about
408	408	a collaborative law communication that prejudices the rights of a
409	409	party or nonparty participant in a proceeding may not assert a
410	410	privilege under this section. The restriction provided by this
411	411	subsection applies only to the extent necessary for the person
412	412	prejudiced to respond to the disclosure or representation.
413	413	Sec. 161.114. LIMITS OF CONFIDENTIALITY AND PRIVILEGE. (a)
414	414	The confidentiality prescribed by Section 161.112 or a privilege
415	415	prescribed by Section 161.113 does not apply to a collaborative law
416	416	communication that is:
417	417	(1) in an agreement resulting from the collaborative
418	418	law process, evidenced in a record signed by all parties;
419	419	(2) subject to an express waiver of the
420	420	confidentiality or privilege in a record or orally during a
421	421	proceeding if the waiver is made by all parties and nonparty
422	422	participants;
423	423	(3) available to the public under Chapter 552,
424	424	Government Code, or made during a session of a collaborative law
425	425	process that is open, or is required by law to be open, to the
426	426	public;
427	427	(4) a threat or statement of a plan to inflict bodily
428	428	injury or commit a crime of violence;
429	429	(5) a disclosure of a plan to commit or attempt to
430	430	commit a crime, or conceal an ongoing crime or ongoing criminal
431	431	activity;
432	432	(6) a disclosure of:
433	433	(A) suspected abuse or neglect of a child to an
434	434	appropriate agency under Subchapter B, Chapter 261, Family Code, or
435	435	in a proceeding regarding the abuse or neglect of a child, except
436	436	that evidence may be excluded in the case of communications between
437	437	an attorney and client under Subchapter C, Chapter 261, Family
438	438	Code; or
439	439	(B) abuse, neglect, or exploitation of an elderly
440	440	or disabled person to an appropriate agency under Subchapter B,
441	441	Chapter 48, Human Resources Code; or
442	442	(7) sought or offered to prove or disprove:
443	443	(A) a claim or complaint of professional
444	444	misconduct or malpractice arising from or related to a
445	445	collaborative law process;
446	446	(B) an allegation that the settlement agreement
447	447	was procured by fraud, duress, coercion, or other dishonest means
448	448	or that terms of the settlement agreement are illegal;
449	449	(C) the necessity and reasonableness of
450	450	attorney's fees and related expenses incurred during a
451	451	collaborative law process or to challenge or defend the
452	452	enforceability of the collaborative law settlement agreement; or
453	453	(D) a claim against a third person who did not
454	454	participate in the collaborative law process.
455	455	(b) If a collaborative law communication is subject to an
456	456	exception under Subsection (a), only the part of the communication
457	457	necessary for the application of the exception may be disclosed or
458	458	admitted.
459	459	(c) The disclosure or admission of evidence excepted from
460	460	confidentiality or privilege under Subsection (a) does not make the
461	461	evidence or any other collaborative law communication discoverable
462	462	or admissible for any other purpose.
463	463	(d) There is no confidentiality under Section 161.112 or
464	464	privilege under Section 161.113 if a tribunal finds, after a
465	465	hearing in camera, that the party seeking discovery or the
466	466	proponent of the evidence has shown the evidence is not otherwise
467	467	available, the need for the evidence substantially outweighs the
468	468	interest in protecting confidentiality or privilege, and the
469	469	collaborative law communication is sought or offered in:
470	470	(1) a court proceeding involving a felony or
471	471	misdemeanor; or
472	472	(2) a proceeding seeking rescission or reformation of
473	473	a contract arising out of the collaborative law process or in which
474	474	a defense to avoid liability on the contract is asserted.
475	475	(e) There is no confidentiality under Section 161.112 or
476	476	privilege under Section 161.113 if the parties agree in advance in a
477	477	signed record, or if a record of a proceeding reflects agreement by
478	478	the parties, that all or part of a collaborative law process is not
479	479	confidential or privileged. This subsection does not apply to a
480	480	collaborative law communication made by a person who did not
481	481	receive actual notice of the agreement before the communication was
482	482	made.
483	483	Sec. 161.115. AUTHORITY OF TRIBUNAL IN CASE OF
484	484	NONCOMPLIANCE. (a) Notwithstanding that an agreement fails to
485	485	meet the requirements of Section 161.101 or that a lawyer has failed
486	486	to comply with Section 161.111, a tribunal may find that the parties
487	487	intended to enter into a collaborative law participation agreement
488	488	if the parties:
489	489	(1) signed a record indicating an intent to enter into
490	490	a collaborative law participation agreement; and
491	491	(2) reasonably believed the parties were
492	492	participating in a collaborative law process.
493	493	(b) If a tribunal makes the findings specified in Subsection
494	494	(a) and determines that the interests of justice require the
495	495	following action, the tribunal shall:
496	496	(1) enforce an agreement evidenced by a record
497	497	resulting from the process in which the parties participated;
498	498	(2) apply the disqualification provisions of this
499	499	chapter; and
500	500	(3) apply collaborative law confidentiality under
501	501	Section 161.112 or privilege under Section 161.113.
502	502	SECTION 2. (a) Except as provided by this section, Chapter
503	503	161, Civil Practice and Remedies Code, as added by this Act, applies
504	504	only with respect to a collaborative law participation agreement
505	505	signed on or after the effective date of this Act.
506	506	(b) Section 161.115, Civil Practice and Remedies Code, as
507	507	added by this Act, applies only with respect to a record signed on
508	508	or after the effective date of this Act.
509	509	SECTION 3. This Act takes effect September 1, 2015.