Bill Text: TX HB3698 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to nonbinding dispute resolution proceedings conducted by religious organizations or authorities.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2015-04-14 - Left pending in committee [HB3698 Detail]
Download: Texas-2015-HB3698-Introduced.html
By: White of Bell | H.B. No. 3698 |
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relating to nonbinding dispute resolution proceedings conducted by | ||
religious organizations or authorities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter D, Chapter 154, Civil Practice and | ||
Remedies Code, is amended by adding Section 154.074 to read as | ||
follows: | ||
Sec. 154.074. NONBINDING DISPUTE RESOLUTION THROUGH | ||
RELIGIOUS ORGANIZATION OR AUTHORITY. (a) Notwithstanding Section | ||
110.003, a religious organization or authority that provides a | ||
nonbinding dispute resolution proceeding shall provide a | ||
disclosure statement to each party to the proceeding. The | ||
disclosure must state that: | ||
(1) the organization or authority conducting the | ||
nonbinding dispute resolution proceeding is not a court of law; | ||
(2) a nonbinding dispute resolution proceeding that | ||
results in a settlement agreement is not binding on the parties and | ||
does not have the force of law unless and until a judge signs the | ||
settlement agreement; | ||
(3) after the parties have signed the settlement | ||
agreement and the agreement is filed with the clerk of the court, | ||
the agreement may be modified by agreement of the parties if the | ||
disclosure is signed and witnessed in accordance with Subsection | ||
(c) and attached to the agreement when filed; | ||
(4) judges are bound by public policy imperatives and | ||
will not sign a settlement agreement that is void on its face by | ||
virtue of the application of foreign law to the dispute that | ||
violates the public policy of this state, meaning an agreement that | ||
violates good morals or natural justice or is prejudicial to the | ||
general interests of the citizens of this state; | ||
(5) the parties recognize that a judge who signs the | ||
settlement agreement is unable to review the terms and conditions | ||
of agreement formation for compliance with public policy standards | ||
or procedural due process requirements and that only a court | ||
hearing or binding arbitration process will provide review of | ||
important aspects of a contract or marriage formation or | ||
dissolution or an arbitration for: | ||
(A) the validity and scope of any arbitration | ||
agreement between the parties; | ||
(B) compliance of an arbitration proceeding with | ||
proper procedures and due process; | ||
(C) whether any resulting decision is irrational | ||
or void as against the public policy of this state; | ||
(D) the entitlement of a party to adequate notice | ||
and representation by an attorney; | ||
(E) the obligation of an arbitrator to disclose | ||
information relevant to the arbitrator's impartiality; and | ||
(F) the inability of a party to agree to the | ||
unreasonable restriction of the party's right to notice or | ||
arbitrator disclosure or to waive the right to attorney | ||
representation; and | ||
(6) a party has the right to petition a court to | ||
establish a fact or condition leading to or contained in the | ||
settlement agreement, subject to the applicable statute of | ||
limitations. | ||
(b) A religious organization or authority that provides | ||
nonbinding dispute resolution proceedings shall include in any and | ||
all of the organization's or authority's training or governing | ||
materials for nonbinding dispute resolution proceedings: | ||
(1) a reference to the requirement that the parties to | ||
a nonbinding dispute resolution proceeding sign the disclosure | ||
statement described by Subsection (a); | ||
(2) a copy of a form containing the required | ||
disclosure statement; and | ||
(3) a statement that child custody or child support | ||
disputes may not be addressed through a nonbinding dispute | ||
resolution proceeding. | ||
(c) Each party to a nonbinding dispute resolution | ||
proceeding provided by a religious organization or authority must | ||
sign the disclosure statement described by Subsection (a) in the | ||
presence of a subscribing witness before the proceeding commences. | ||
If the parties file the resulting settlement agreement with the | ||
clerk of a court to obtain the signature of a judge, the judge must | ||
also sign the disclosure statement. | ||
(d) A religious organization or authority that provides | ||
nonbinding dispute resolution proceedings shall maintain all files | ||
related to a nonbinding dispute resolution proceeding, regardless | ||
of whether the proceeding resulted in a settlement agreement. The | ||
files shall be kept at a physical location where the religious | ||
organization or authority meets and, on request, presented for | ||
review by any person. | ||
(e) A religious organization or authority may not address | ||
child custody or child support disputes through a nonbinding | ||
dispute resolution proceeding. | ||
SECTION 2. The change in law made by this Act applies only | ||
to a nonbinding dispute resolution proceeding that is commenced on | ||
or after the effective date of this Act. A nonbinding dispute | ||
resolution proceeding that is commenced before the effective date | ||
of this Act is governed by the law as it existed immediately before | ||
that date, and that law is continued in effect for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2015. |