HBA-JRA H.B. 819 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 819 By: Naishtat Juvenile Justice & Family Issues 3/18/1999 Introduced BACKGROUND AND PURPOSE Currently, 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 to file with the court at any time written objection to the referral of a suit to mediation under this section if the party has been a victim of family violence committed by the other party to the suit. Prohibits the suit from being referred to mediation, is such objection is filed, unless the party alleged to have committed family violence requests a hearing and the court finds that there is not a reasonable basis to believe the family violence occurred. Requires the court to render orders necessary for the protection of the parties if the suit is referred to mediation. Establishes that "family violence" has the meaning assigned by Section 71.004 (Family Violence). SECTION 2. Amends Section 153.0071, Family Code, by adding Subsections (f) and (g), as follows: (f) Authorizes a party to file with the court at any time written objection to the referral of a suit to mediation under Subsection (c) if the party or a child who is the subject of the suit has been a victim of family violence committed by another party to the suit. Prohibits the suit from being referred to mediation unless the party alleged to have committed family violence requests a hearing and the court finds that there is not a reasonable basis to believe the family violence occurred. Requires the court to render orders necessary for the protection of the parties and any child who is the subject of the suit if the suit is referred to mediation. Establishes that "family violence" has the meaning assigned by Section 71.004 (Family Violence). (g) Establishes that Subsection (f) does not apply to a proceeding to terminate the parentchild relationship in a suit commenced under Chapter 262 (Emergency Procedures in Suit by Governmental Entity). SECTION 3. Amends Section 154.022, Civil Practice and Remedies Code, by adding Subsection (d), as follows: (d) Establishes that evidence that a party has committed family violence against another party is a reasonable basis for filing an objection. Establishes that "family violence" has the meaning assigned by Section 71.004 (Family Violence). SECTION 4. Effective date: September 1, 1999. Makes this Act applicable to a suit for dissolution of a marriage, a suit affecting the parent-child relationship, or another proceeding commenced before, on, or after that date. SECTION 5. Emergency clause.