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.