Bill Text: TX SB1202 | 2013-2014 | 83rd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to an order to conduct mediation following an application for expedited judicial foreclosure proceedings.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2013-05-21 - Placed on General State Calendar [SB1202 Detail]
Download: Texas-2013-SB1202-Comm_Sub.html
Bill Title: Relating to an order to conduct mediation following an application for expedited judicial foreclosure proceedings.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2013-05-21 - Placed on General State Calendar [SB1202 Detail]
Download: Texas-2013-SB1202-Comm_Sub.html
By: West | S.B. No. 1202 | |
(In the Senate - Filed March 6, 2013; March 12, 2013, read | ||
first time and referred to Committee on Jurisprudence; | ||
April 18, 2013, reported adversely, with favorable Committee | ||
Substitute by the following vote: Yeas 6, Nays 0; April 18, 2013, | ||
sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 1202 | By: West |
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relating to an order to conduct mediation following an application | ||
for expedited judicial foreclosure proceedings. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 154, Civil Practice and | ||
Remedies Code, is amended by adding Section 154.028 to read as | ||
follows: | ||
Sec. 154.028. MEDIATION FOLLOWING APPLICATION FOR | ||
EXPEDITED FORECLOSURE. (a) Following receipt of an application | ||
for an expedited foreclosure proceeding under Rule 736.1, Texas | ||
Rules of Civil Procedure, a court may, in the court's discretion, | ||
conduct a hearing to determine whether to order mediation. A court | ||
may not order mediation without conducting a hearing. The | ||
petitioner or respondent may request a hearing to determine whether | ||
mediation is necessary or whether an application is defective. | ||
(b) A hearing under Subsection (a) may not be conducted | ||
before the expiration of the respondent's deadline to file a | ||
response. | ||
(c) Subject to Subsection (d), a hearing under Subsection | ||
(a) may be conducted by telephone. | ||
(d) Not later than the 10th day before the date of a hearing | ||
under Subsection (a), the court shall send notice of the hearing to | ||
the parties concerning whether the hearing will be conducted by | ||
telephone and, if applicable, instructions for contacting the court | ||
and attending the hearing by telephone. | ||
(e) At a hearing under Subsection (a), the court must | ||
consider any objections to the referral of the case to mediation. | ||
(f) If the court orders the case to mediation, the mediation | ||
must be conducted before the expiration of any deadline imposed by | ||
Rule 736, Texas Rules of Civil Procedure. | ||
(g) If the parties to a case that has been ordered to | ||
mediation are unable to agree on the appointment of a mediator, the | ||
court may appoint a mediator. If a mediator is appointed by the | ||
court, the court shall provide all parties with the name of the | ||
chosen mediator at the mediation hearing if the parties are unable | ||
to agree to a mediator at that hearing. | ||
(h) A mediator's fee shall be divided equally between the | ||
parties. | ||
(i) The parties may agree to waive the mediation process. | ||
(j) If a party does not respond to an application filed | ||
under Rule 736, Texas Rules of Civil Procedure, before the deadline | ||
established by that rule, notice of any mediation hearing must be | ||
made in accordance with Subsection (d), and the hearing must occur | ||
not later than the 15th day after the date the petitioner files a | ||
motion for default order under Rule 736.7, Texas Rules of Civil | ||
Procedure. A petitioner may file a motion to cancel a hearing, and | ||
the court may grant the motion if the petitioner submits an | ||
affidavit stating that the respondent received actual notice and | ||
did not reply before the deadline. | ||
(k) If a respondent fails to attend a mediation hearing | ||
after notice in accordance with Subsection (d), the court: | ||
(1) may not order mediation; and | ||
(2) shall grant or deny the petitioner's motion for | ||
default order under Rule 736.7, Texas Rules of Civil Procedure. | ||
(l) If a respondent attends a hearing and mediation is | ||
ordered, any mediation must take place not later than the 29th day | ||
after the date the petitioner filed a motion for default order. | ||
(m) Notwithstanding Section 22.004, Government Code, the | ||
supreme court may not amend or adopt rules in conflict with this | ||
section. | ||
SECTION 2. This Act takes effect September 1, 2013. | ||
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