| 1 | 1 | | 88R1832 MLH-F |
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| 2 | 2 | | By: Cook H.B. No. 980 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the privilege against disclosure of certain |
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| 8 | 8 | | collaborative family law communications. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 15.115(a), Family Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (a) The privilege prescribed by Section 15.114 does not |
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| 13 | 13 | | apply to a collaborative family law communication that is: |
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| 14 | 14 | | (1) in an agreement resulting from the collaborative |
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| 15 | 15 | | family law process, evidenced in a record signed by all parties to |
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| 16 | 16 | | the agreement; |
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| 17 | 17 | | (2) subject to an express waiver of the privilege in a |
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| 18 | 18 | | record or orally during a proceeding if the waiver is made by all |
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| 19 | 19 | | parties and nonparty participants; |
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| 20 | 20 | | (3) available to the public under Chapter 552, |
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| 21 | 21 | | Government Code, or made during a session of a collaborative family |
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| 22 | 22 | | law process that is open, or is required by law to be open, to the |
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| 23 | 23 | | public; |
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| 24 | 24 | | (4) a threat or statement of a plan to inflict bodily |
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| 25 | 25 | | injury or commit a crime of violence; |
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| 26 | 26 | | (5) a disclosure of a plan to commit or attempt to |
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| 27 | 27 | | commit a crime, or conceal an ongoing crime or ongoing criminal |
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| 28 | 28 | | activity; |
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| 29 | 29 | | (6) a disclosure in a report of: |
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| 30 | 30 | | (A) suspected abuse or neglect of a child to an |
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| 31 | 31 | | appropriate agency under Subchapter B, Chapter 261, or in a |
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| 32 | 32 | | proceeding regarding the abuse or neglect of a child, except that |
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| 33 | 33 | | evidence may be excluded in the case of communications between an |
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| 34 | 34 | | attorney and client under Subchapter C, Chapter 261; or |
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| 35 | 35 | | (B) abuse, neglect, or exploitation of an elderly |
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| 36 | 36 | | or disabled person to an appropriate agency under Subchapter B, |
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| 37 | 37 | | Chapter 48, Human Resources Code; or |
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| 38 | 38 | | (7) sought or offered to prove or disprove: |
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| 39 | 39 | | (A) a claim or complaint of professional |
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| 40 | 40 | | misconduct or malpractice arising from or related to a |
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| 41 | 41 | | collaborative family law process; |
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| 42 | 42 | | (B) an allegation that the settlement agreement |
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| 43 | 43 | | was procured by fraud, duress, coercion, or other dishonest means |
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| 44 | 44 | | or that terms of the settlement agreement are illegal; or |
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| 45 | 45 | | (C) the necessity and reasonableness of |
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| 46 | 46 | | attorney's fees and related expenses incurred during a |
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| 47 | 47 | | collaborative family law process or to challenge or defend the |
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| 48 | 48 | | enforceability of the collaborative family law settlement |
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| 49 | 49 | | agreement[; or |
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| 50 | 50 | | [(D) a claim against a third person who did not |
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| 51 | 51 | | participate in the collaborative family law process]. |
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| 52 | 52 | | SECTION 2. Section 15.115, Family Code, as amended by this |
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| 53 | 53 | | Act, applies to a disclosure made on or after the effective date of |
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| 54 | 54 | | this Act, regardless of whether the communication that is the |
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| 55 | 55 | | subject of the disclosure was made before, on, or after that date. |
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| 56 | 56 | | SECTION 3. This Act takes effect September 1, 2023. |
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