HBA-SEB, GUM, JRA H.B. 819 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 819
By: Naishtat
Juvenile Justice & Family Issues
6/28/1999
Enrolled



BACKGROUND AND PURPOSE 

Victims of family violence may be required by a court to participate in
mediation for a suit to dissolve a marriage or a suit affecting the
parent-child relationship.  This may cause the victim additional trauma and
place the victim at a disadvantage in negotiating resolution of the suit.
H.B. 819 authorizes a victim of family violence to object to the referral
of such a suit to mediation and, if such objection is filed, prohibits the
suit from being referred to mediation unless the other party requests a
hearing on the issue and the court overrules the objection to mediation. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 6.602, Family Code, by adding Subsection (d), as
follows: 

(d)  Authorizes a party at any time prior to the final mediation order to
file a written objection to the referral of a suit for dissolution of a
marriage to mediation on the basis of family violence having been committed
by the other party against the objecting party.  Prohibits the suit from
being referred to mediation after an objection is filed unless the other
party requests that a hearing be held and the court finds that there is not
credible evidence to support the objection.  Requires the court to order
appropriate measures to be taken to ensure the physical and emotional
safety of the party who filed the objection if the suit is referred to
mediation.  Requires the order to provide that the parties not be required
to have face-to-face contact and that the parties be placed in separate
rooms during the mediation.   

SECTION 2.  Amends Section 153.0071, Family Code, by adding Subsection (f),
as follows: 

(f)  Authorizes a party at any time prior to the final mediation order to
file written objection to the referral of a suit affecting the parent-child
relationship to mediation on the basis of family violence having been
committed by another party against the objecting party or a child who is
the subject of the suit.  Prohibits the suit from being referred to
mediation after an objection is filed unless the other party requests that
a hearing be held and the court finds that there is not credible evidence
to support the objection.  Requires the court to order appropriate measures
to be taken to ensure the physical and emotional safety of the party who
filed the objection if the suit is referred to mediation.  Requires the
order to provide that the parties not be required to have face-to-face
contact and that the parties be placed in separate rooms during the
mediation.  Provides that this subsection does not apply to suits filed
under Chapter 262 (Emergency Procedures in Suit by Governmental Entity).   

SECTION 3.  Effective date: September 1, 1999.
Makes this Act applicable to a suit for dissolution of a marriage or a suit
affecting the parent-child relationship without regard to whether the suit
was commenced before, on, or after that date. 

SECTION 4.  Emergency clause.