HBA-SEB S.B. 207 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 207
By: Moncrief
Juvenile Justice and Family Issues
5/10/1999
Engrossed


BACKGROUND AND PURPOSE 

Currently, victims of family violence may be required by a court to
participate in mediation for a suit for dissolution of 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. S.B. 207 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 objection 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), to
authorize a party to file with the court 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 against the objecting party by the
other party.  Authorizes the party to file the objection at any time prior
to the final mediation order. Prohibits the suit from being referred to
mediation after an objection is filed unless the other party requests a
hearing on the objection.  Prohibits the court from referring the suit to
mediation if it finds that a preponderance of the evidence supports the
objection. 

SECTION 2.  Amends Section 153.0071, Family Code, by adding Subsection (f),
to authorize a party to file with the court a 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.  Authorizes
the party  to file the objection at any time prior to the final mediation
order.  Prohibits the suit from being referred to mediation after an
objection is filed unless a party requests a hearing on the objection.
Prohibits the court from referring the suit to mediation if it finds that a
preponderance of the evidence supports the objection. Authorizes the court
to refer the suit to mediation if the court does not find sufficient
evidence to support the objection.  Requires the court, upon referral, to
order that appropriate measures be taken to ensure the physical and
emotional safety of the party who filed the objection.  Requires the court
to provide that the parties not be required to have face-to-face contact
and be placed in separate rooms during mediation.  Establishes that this
subsection does not apply to suits filed 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), to require that evidence that a party has committed
family violence against another party to be sufficient evidence for an
objection filed against a referral. 

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.