By: Phillips	H.B. No. 3833

	A BILL TO BE ENTITLED
	AN ACT
	relating to the adoption of the Uniform Collaborative Family Law
	Act.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Family Code is amended by adding a new Chapter 15,
	entitled "Uniform Collaborative Family Law Act", to read as
	follows:
	CHAPTER 15.  UNIFORM COLLABORATIVE FAMILY LAW ACT
	SUBCHAPTER A. APPLICATION AND CONSTRUCTION
	Sec. 15.0001.  POLICY. It is the policy of this state to
	encourage the peaceable resolution of disputes, with special
	consideration given to disputes involving the parent-child
	relationship, including the resolution of issues involving
	conservatorship, possession, and support of children, and the early
	settlement of pending litigation through voluntary settlement
	procedures.
	Sec. 15.0002.  CONFLICTS BETWEEN PROVISIONS. If a provision of
	this chapter conflicts with a provision of this title or another
	statute or rule of this state and the conflict cannot be reconciled,
	this chapter prevails.
	SUBCHAPTER B. GENERAL PROVISIONS
	Sec. 15.001.  SHORT TITLE. This Chapter may be cited as the
	Uniform Collaborative Family 18 Law Act.
	Sec. 15.002  DEFINITIONS. In this Chapter:
	(a)"Collaborative family law communication" means a
	statement made by a party or non-party participant, whether oral or
	in a record, or verbal or nonverbal, that:
	(1)  is made to conduct, participate in, continue, or
	reconvene a collaborative family law process; and
	(2)  occurs after the parties sign a collaborative
	family law participation 1 agreement and before the
	collaborative family law process is concluded.
	(b)  "Collaborative family law participation agreement"
	means an agreement by persons to participate in a collaborative
	family law process.
	(c)  "Collaborative family law process" means a procedure
	intended to resolve a collaborative matter without intervention by
	a tribunal in which persons:
	(1)  sign a collaborative family law participation
	agreement; and
	(2)  are represented by collaborative lawyers.
	(d)  "Collaborative lawyer" means a lawyer who represents a
	party in a collaborative family law process.
	(e)  "Collaborative matter" means a dispute, transaction,
	claim, problem, or issue for resolution described in a
	collaborative family law participation agreement. The term
	includes a dispute, claim, or issue in a proceeding.
	(f)  "Law firm" means:
	(1)  lawyers who practice law together in a
	partnership, professional corporation, sole proprietorship,
	limited liability company, or association; and
	(2)  lawyers employed in a legal services organization,
	or the legal department of a corporation or other
	organization, or the legal department of a government or
	governmental subdivision, agency, or instrumentality.
	(g)  "Non-party participant" means a person, including a
	collaborative lawyer, other than a party, that participates in a
	collaborative family law process.
	(h)  "Party" means a person that signs a collaborative family
	law participation agreement and whose consent is necessary to
	resolve a collaborative matter.
	(i)  "Person" means an individual, corporation, business
	trust, estate, trust, partnership, limited liability company,
	association, joint venture, public corporation, government or
	governmental subdivision, agency, or instrumentality, or any other
	legal or commercial entity.
	(j)  "Proceeding" means a judicial, administrative,
	arbitral, or other adjudicative process before a tribunal,
	including related prehearing and post-hearing motions,
	conferences, and discovery.
	(k)  "Prospective party" means a person that discusses with a
	prospective collaborative lawyer the possibility of signing a
	collaborative family law participation agreement.
	(l)  "Record" means information that is inscribed on a
	tangible medium or that is stored in an electronic or other medium
	and is retrievable in perceivable form.
	(m)  "Related to a collaborative matter" means involving the
	same parties, transaction or occurrence, nucleus of operative fact,
	dispute, claim, or issue as the collaborative matter.
	(n)  "Sign" means, with present intent to authenticate or
	adopt a record:
	(1)  to execute or adopt a tangible symbol; or
	(2)  to attach to or logically associate with the
	record an electronic symbol, sound, or process.
	(o)  "Tribunal" means a court, arbitrator, administrative
	agency, or other body acting in an adjudicative capacity which,
	after presentation of evidence or legal argument, has jurisdiction
	to render a decision affecting a party's interests in a matter.
	Sec. 15.003.  APPLICABILITY. This act applies to a
	collaborative family law participation agreement that meets the
	requirements of Section 15.004, and if applicable, Section 15.031,
	signed on or after the effective date of this act. This act is
	limited to matters arising under Titles 1 and 5, Family Code.
	Sec. 15.004  REQUIREMENTS OF PARTICIPATION AGREEMENT AND 1
	SETTLEMENT AGREEMENT. (a) A collaborative family law participation
	agreement must:
	(1)  be in a record;
	(2)  be signed by the parties;
	(3)  state the parties' intention to resolve a
	collaborative matter through a collaborative family law
	process under this act;
	(4)  describe the nature and scope of the matter;
	(5)  identify the collaborative lawyer who represents
	each party in the process;
	(6)  contain a statement by each collaborative lawyer
	confirming the lawyer's representation of a party in the
	collaborative family law process.
	(b)  A collaborative family law participation agreement must
	include provisions for:
	(1)  suspending tribunal intervention in the
	collaborative matter while the parties are using the
	collaborative family law process; and
	(2)  unless otherwise agreed in writing, jointly
	engaging any professionals, experts or advisors as neutrals.
	(c)  Parties may agree to include in a collaborative family
	law participation agreement additional provisions not inconsistent
	with this chapter.
	Sec. 15.005.  BEGINNING AND CONCLUDING A COLLABORATIVE
	FAMILY LAW PROCESS.(a) A collaborative family law process begins
	when the parties sign a collaborative family law participation
	agreement.
	(b)  A tribunal may not order a party to participate in a
	collaborative family law process over that party's objection.
	(c)  A collaborative family law process is concluded by a:
	(1)  resolution of a collaborative matter as evidenced
	by a signed record;
	(2)  resolution of a part of the collaborative matter,
	evidenced by a signed record, in which the parties agree that
	the remaining parts of the matter will not be resolved in the
	process; or
	(3)  termination of the process.
	(d)  A collaborative family law process terminates:
	(1)  when a party gives notice to other parties in a
	record that the process is ended; or
	(2)  when a party:
	(A)  begins a proceeding related to a
	collaborative matter without the agreement of all
	parties; or
	(B)  in a pending proceeding related to the
	matter:
	(i)  without the agreement of all parties,
	initiates a pleading, motion, or request for a
	conference with the tribunal;
	(ii)  initiates an order to show cause or
	requests that the proceeding be put on the
	tribunal's active calendar; or
	(iii)  takes similar action requiring notice
	to be sent to the parties;
	(3)  except as otherwise provided by subsection (g),
	when a party discharges a collaborative lawyer or a
	collaborative lawyer withdraws from further representation
	of a party.
	(e)  A party's collaborative lawyer shall give prompt notice
	to all other parties in a record of a discharge or withdrawal.
	(f)  A party may terminate a collaborative family law process
	with or without cause.
	(g)  Notwithstanding the discharge or withdrawal of a
	collaborative lawyer, a collaborative family law process
	continues, if not later than 30 days after the date that the notice
	of the discharge or withdrawal of a collaborative lawyer required
	by subsection (e) is sent to the parties:
	(1)  the unrepresented party engages a successor
	collaborative lawyer; and
	(2)  in a signed record:
	(A)  the parties consent to continue the process
	by reaffirming the collaborative family law
	participation agreement;
	(B)  the agreement is amended to identify the
	successor collaborative lawyer; and
	(C)  the successor collaborative lawyer confirms
	the lawyer's representation of a party in the
	collaborative process.
	(h)  A collaborative family law process does not conclude if,
	with the consent of the parties to a signed record resolving all or
	part of the collaborative matter, a party requests a tribunal to
	approve a resolution of the collaborative family law matter or any
	part thereof as evidenced by a signed record.
	(i)  A collaborative family law participation agreement may
	provide additional methods of concluding a collaborative family law
	process.
	Sec. 15.006.  PROCEEDINGS PENDING BEFORE TRIBUNAL; STATUS
	REPORT. (a) Persons in a proceeding pending before a tribunal may
	sign a collaborative family law participation agreement to seek to
	resolve a collaborative matter related to the proceeding. Parties
	shall file promptly with the tribunal a notice of the agreement
	after it is signed. Subject to subsection (c) and Sec. 15.007 and
	Sec. 15.008, the filing operates as a stay of the proceeding.
	(b)  A tribunal that is notified 30 days before a proceeding
	that the parties are using the collaborative family law process to
	attempt to settle a collaborative matter may not, until a party
	notifies the tribunal that the collaborative family law process did
	not result in a settlement:
	(1)  set a proceeding or a hearing in the collaborative
	family law matter;
	(2)  impose discovery deadlines;
	(3)  require compliance with scheduling orders; or
	(4)  dismiss the proceeding.
	(c)  The parties shall notify the tribunal in a pending
	proceeding if the collaborative family law process results in a
	settlement. If the collaborative family law process does not result
	in a settlement, the parties shall file in a pending proceeding:
	(1)  a status report not later than the 180th day after
	the date of the collaborative family law participation
	agreement was signed or, if the proceeding was filed by
	agreement after the collaborative family law participation
	agreement was signed, not later than the 180th day after the
	date the proceeding was filed, whichever date is later; and
	(2)  a status report on or before the first anniversary
	of the date of the collaborative family law
	participation agreement was signed or, if the
	proceeding was filed by agreement after the
	collaborative family law participation agreement was
	signed, on or before the first anniversary of the date
	the proceeding was filed, whichever date is later,
	accompanied by a motion for continuance that the
	tribunal shall grant if the status report indicates the
	desire of the parties to continue to use the
	collaborative family law process.
	(d)  If the collaborative family law process does not result
	in a settlement on or before the second anniversary of the date that
	the proceeding was filed, the tribunal may:
	(1)  set the proceeding for trial on the regular
	docket; or
	(2)  dismiss the proceeding without prejudice.
	(e)  Parties shall file promptly with the tribunal notice in
	a record when a collaborative family law process concludes. The
	stay of the proceeding under subsection (a) is lifted when the
	notice is filed. The notice may not specify any reason for
	termination of the process.
	(f)  A tribunal in which a proceeding is stayed under
	subsection (a) may require parties and collaborative lawyers to
	provide a status report on the collaborative family law process and
	the proceeding. A status report may include only information on
	whether the process is ongoing or concluded. It may not include a
	report, assessment, evaluation, recommendation, finding, or other
	communication regarding a collaborative family law process or
	collaborative family law matter.
	(g)  A tribunal may not consider a communication made in
	violation of subsection (f).
	(h)  A tribunal shall provide parties notice and an
	opportunity to be heard before dismissing a proceeding based on
	delay or failure to prosecute in which a notice of collaborative
	family law process is filed.
	Sec. 15.007.  EMERGENCY ORDER. During a collaborative
	family law process, a tribunal may issue emergency orders to
	protect the health, safety, welfare, or interest of a party or
	family as defined in Section 71.003, Family Code. If such orders are
	granted without the agreement of all parties, the granting of the
	orders shall terminate the collaborative process.
	Sec. 15.008.  EFFECT OF WRITTEN SETTLEMENT AGREEMENT.
	(a)  A settlement under this chapter is enforceable in the
	same manner as written settlement agreement under Section 154.071
	Civil Practice and Remedies Code.
	(b)  Notwithstanding Rule 11, Texas Rules of Civil
	Procedure, or another rule or law, a party is entitled to judgment
	on a collaborative family law settlement agreement if the
	agreement:
	(1)  provides, in a prominently displayed statement
	that is boldfaced, capitalized, or underlined, that the
	agreement is not subject to revocation; and
	(2)  is signed by each party to the agreement and the
	collaborative lawyer of each party.
	Sec. 15.009.  DISQUALIFICATION OF COLLABORATIVE LAWYER AND
	LAWYERS IN ASSOCIATED LAW FIRM. (a) Except as otherwise provided in
	subsection (c), a collaborative lawyer is disqualified from
	appearing before a tribunal to represent a party in a proceeding
	related to the collaborative matter.
	(b)  Except as otherwise provided in subsection (c) and Sec.
	15.010 and Sec. 15.011, a lawyer in a law firm with which the
	collaborative lawyer is associated is disqualified from appearing
	before a tribunal to represent a party in a proceeding related to
	the collaborative matter if the collaborative lawyer is
	disqualified from doing so under subsection (a).
	(c)  A collaborative lawyer or a lawyer in a law firm with
	which the collaborative lawyer is associated may represent a party:
	(1)  to ask a tribunal to approve an agreement
	resulting from the collaborative family law process; or
	(2)to seek or defend an emergency order to protect the
	health, safety, welfare, or interest of a party or family as
	defined in Section 71.003, Family Code, if a successor lawyer
	is not immediately available to represent that person. In
	that event, subsections (a) and (b) apply when the party is
	represented by a successor lawyer or reasonable measures are
	taken to protect the health, safety, welfare, or interest of
	that person or family.
	Sec. 15.010.  LOW INCOME PARTIES. (a) The
	disqualification of Sec. 15.009(a) applies to a
	collaborative lawyer representing a party with or without
	fee.
	(b)  After a collaborative family law process
	concludes, another lawyer in a law firm with which a
	collaborative lawyer disqualified under Sec. 15.009(a) is
	associated may represent a party without fee in the
	collaborative matter or a matter related to the collaborative
	matter if:
	(1)  the party has an annual income that qualifies
	the party for free legal representation under the
	criteria established by the law firm for free legal
	representation;
	(2)  the collaborative family law participation
	agreement so provides; and
	(3)  the collaborative lawyer is isolated from any
	participation in the collaborative matter or a matter
	related to the collaborative matter through procedures
	within the law firm which are reasonably calculated to
	isolate the collaborative lawyer from such
	participation.
	Sec. 15.011.  GOVERNMENTAL ENTITY AS PARTY. (a) The
	disqualification of Sec. 15.009(a) applies to a collaborative
	lawyer representing a party that is a government or governmental
	subdivision, agency, or instrumentality.
	(b)  After a collaborative family law process concludes,
	another lawyer in a law firm with which the collaborative lawyer is
	associated may represent a government or governmental subdivision,
	agency, or instrumentality in the collaborative matter or a matter
	6 related to the collaborative matter if:
	(1)  the collaborative law participation agreement so
	provides; and
	(2)  the collaborative lawyer is isolated from any
	participation in the collaborative matter or a matter related
	to the collaborative matter through procedures within the law
	firm which are reasonably calculated to isolate the
	collaborative lawyer from such participation.
	Sec. 15.012.  DISCLOSURE OF INFORMATION. Except as provided
	by law other than this Chapter, during the collaborative family law
	process, on the request of another party, a party shall make timely,
	full, candid, and informal disclosure of information related to the
	collaborative matter without formal discovery. A party also shall
	update promptly previously disclosed information that has
	materially changed. Parties may define the scope of disclosure
	during the collaborative family law process.
	Sec. 15.013.  STANDARDS OF PROFESSIONAL RESPONSIBILITY AND
	MANDATORY REPORTING NOT AFFECTED. This Chapter does not affect:
	(a)  the professional responsibility obligations and
	standards applicable to a lawyer or other licensed professional; or
	(b)  the obligation of a person to report abuse or neglect,
	abandonment, or exploitation of a child or adult under the law of
	this state.
	Sec. 15.014.  INFORMED CONSENT. Before a prospective party
	signs a collaborative family law participation agreement, a
	prospective collaborative lawyer shall:
	(a)  assess with the prospective party factors the lawyer
	reasonably believes relate to whether a collaborative family law
	process is appropriate for the prospective party's matter;
	(b)  provide the prospective party with information that the
	lawyer reasonably believes is sufficient for the party to make an
	informed decision about the material benefits and risks of a
	collaborative family law process as compared to the material
	benefits and risks of other reasonably available alternatives for
	resolving the proposed collaborative matter, such as litigation,
	mediation, arbitration, or expert evaluation; and
	(c)  advise the prospective party that:
	(1)  after signing an agreement if a party initiates a
	proceeding or seeks tribunal intervention in a pending
	proceeding related to the collaborative matter, the
	collaborative family law process terminates;
	(2)  participation in a collaborative family law
	process is voluntary and any party has the right to
	terminate unilaterally a collaborative family law
	process with or without cause;
	(c)  the collaborative lawyer and any lawyer in a law
	firm with which the collaborative lawyer is associated may
	not appear before a tribunal to represent a party in a
	proceeding related to the collaborative matter, except as
	authorized by Sec. 15.009(c), 21 15.010(b), or 15.011(b).
	Sec. 15.015.  FAMILY VIOLENCE.(a) Before a prospective party
	signs a collaborative family law participation agreement in a
	collaborative matter in which another prospective party is a member
	of the prospective party's family or household or with whom the
	prospective party has or has had a dating relationship, a
	prospective collaborative lawyer must make reasonable inquiry
	whether the prospective party has a history of family violence as
	defined by Section 71.004, Family Code, with another prospective
	party.
	(b)  If a collaborative lawyer reasonably believes that the
	party the lawyer represents or the prospective party who consults
	the prospective lawyer has a history of family violence with
	another party or prospective party, the lawyer may not begin or
	continue a collaborative law process unless:
	(1)  the party or the prospective party requests
	beginning or continuing a process;
	(2)  the collaborative lawyer or prospective
	collaborative lawyer determines with the party or
	prospective party what, if any, reasonable steps could
	be taken to address the concerns regarding family
	violence.
	Sec. 15.016.  CONFIDENTIALITY OF COLLABORATIVE FAMILY LAW
	COMMUNICATION.(a) A collaborative family law communication is
	confidential to the extent agreed by the parties in a signed record
	or as provided by the law of this state other than this Chapter.
	(b)  If the parties agree in a signed record, the conduct and
	demeanor of the parties and non-party participants, including their
	collaborative lawyers, are confidential.
	(c)  If the parties agree in a signed record, communications
	related to the collaborative matter occurring before the signing of
	the collaborative family law participation agreement are
	confidential.
	Sec. 15.017.  PRIVILEGE AGAINST DISCLOSURE OF COLLABORATIVE
	FAMILY LAW COMMUNICATION.(a) Except as provided by section 15.018,
	a collaborative family law communication, whether made before or
	after the institution of a proceeding, is privileged, is not
	subject to disclosure, and may not be used as evidence against a
	party or non-party participant in a proceeding.
	(b)  Any record of a collaborative family law communication
	is privileged, and neither the parties nor the non-party
	participants may be required to testify in a proceeding related to
	or arising out of the collaborative matter or be subject to process
	requiring disclosure of privileged information or data related to
	the collaborative matter.
	(c)  An oral communication or written material used in or
	made a part of a collaborative family law process is admissible or
	discoverable if it is admissible or discoverable independent of the
	collaborative family law process.
	(d)  If this section conflicts with other legal requirements
	for disclosure of communications, records, or materials, the issue
	of privilege may be presented to the tribunal having jurisdiction
	of the proceeding to determine, in camera, whether the facts,
	circumstances, and context of the communications or materials
	sought to be disclosed warrant a protective order of the tribunal or
	whether the communications or materials are subject to disclosure.
	(e)  A party or non-party participant may disclose
	privileged collaborative family law communications to a party's
	successor counsel, subject to the terms of confidentiality in the
	collaborative family law participation agreement, but such
	collaborative family law communications shall remain privileged.
	(f)  A person that makes a disclosure or representation about
	a collaborative family law communication which prejudices the
	rights of a party or non-party participant in a proceeding may not
	assert a privilege under the section, but this preclusion applies
	only to the extent necessary for the person prejudiced to respond to
	the disclosure or representation.
	Sec. 15.018.  LIMITS OF PRIVILEGE. (a) There is no privilege
	under Sec. 15.017 for a collaborative family law communication that
	is:
	(1)  in an agreement resulting from the collaborative
	family law process, evidenced in a record signed by all
	parties to the agreement;
	(2)  subject to an express waiver of the privilege
	in a record or orally during a proceeding if the waiver
	is made by all parties and non-party participants;
	(3)  available to the public under Chapter 552,
	Government Code, or made during a session of a
	collaborative family law process that is open, or is
	required by law to be open, to the public;
	(4)  a threat or statement of a plan to inflict
	bodily injury or commit a crime of violence;
	(5)  a disclosure of a plan to commit or attempt to
	commit a crime, or conceal an ongoing crime or ongoing
	criminal activity;
	(6)  a disclosure in a report of:
	(A)  suspected abuse or neglect of a child to
	an appropriate agency under Subchapter B, Chapter
	261, Family Code, or in a proceeding regarding the
	abuse or neglect of a child, unless the Texas
	Department of Family and Protective Services is a
	party to or otherwise participates in the
	collaborative family law process, except that
	evidence may be excluded in the case of
	communications between an attorney and client
	under Subchapter C, Chapter 261, Family Code; or
	(B)  abuse, neglect, or exploitation of an elderly
	or disabled person to an appropriate agency under
	Subchapter B, Chapter 48, Human Resources Code,
	unless the Texas Department of Family and
	Protective Services is a party to or otherwise
	participates in the collaborative family law
	process;
	(7)  sought or offered to prove or disprove a claim or
	complaint of professional misconduct or malpractice arising
	from or related to a collaborative family law process;
	(8)  sought or offered to prove or disprove the
	settlement agreement was procured by fraud, duress,
	coercion, or other dishonest means, or that terms of the
	settlement agreement are illegal;
	(9)  sought or offered to prove or disprove the
	necessity and reasonableness of attorney fees and related
	expenses incurred during a collaborative family law process
	or to challenge or defend the enforceability of the
	collaborative family law settlement agreement; and
	(10)  sought or offered to prove or disprove a claim
	against a third person that did not participate in the
	collaborative family law process.
	(b)  If a collaborative family law communication is subject
	to an exception under subsection (a), only the part of the
	communication necessary for the application of the exception may be
	disclosed or admitted.
	(c)  Disclosure or admission of evidence excepted from the
	privilege under subsection (a)does not make the evidence or any
	other collaborative family law communication discoverable or
	admissible for any other purpose.
	Sec. 15.019.  AUTHORITY OF TRIBUNAL IN CASE OF
	NONCOMPLIANCE. (a) If an agreement fails to meet the
	requirements of Sec. 15.004, or a lawyer fails to comply with
	Sec. 15.014 or Sec. 15.015, a tribunal may nonetheless find
	that the parties intended to enter into a collaborative
	family law participation agreement if they:
	(1)  signed a record indicating an intention to enter
	into a collaborative family law participation agreement; and
	(2)  reasonably believed they were participating in a
	collaborative family law process.
	(b)  If a tribunal makes the findings specified in
	subsection (a), and the interests of justice require, the
	tribunal may:
	(1)enforce an agreement evidenced by a record resulting
	from the process in which the parties participated;
	(2)  apply the disqualification provisions of Sec.
	15.005, Sec. 15.006, Sec, 15.009, Sec. 15.010, and Sec.
	15.011; and
	(3)  apply the collaborative family law privilege under
	Sec. 15.017.
	Sec. 15.020.  UNIFORMITY OF APPLICATION AND CONSTRUCTION.
	In applying and construing this Chapter, consideration must be
	given to the need to promote uniformity of the law with respect to
	its subject matter among states that enact a collaborative law
	process act.
	Sec. 15.021.  RELATION TO ELECTRONIC SIGNATURES IN GLOBAL
	AND 18 NATIONAL COMMERCE ACT. This Chapter modifies, limits, and
	supersedes the federal Electronic Signatures in Global and National
	Commerce Act, 15 U.S.C.A. § 7001 et seq.(2009), but does not modify,
	limit, or supersede section 101(c) of that act, 15 U.S.C.A. § 21
	7001(c), or authorize electronic delivery of any of the notices
	described in § 103(b) of that act, 15 U.S.C.A. § 7003(b).
	SECTION 2.  REPEALER. Sections 6.603 and 153.0072, Family
	Code are repealed.
	SECTION 3.  SEVERABILITY. If any provision of this Chapter
	or its application to any person or circumstance is held invalid,
	the invalidity does not affect other provisions or applications of
	this Chapter which can be given effect without the invalid
	provision or application, and to this end the provisions of this
	Chapter are severable.
	SECTION 4.  EFFECTIVE DATE. This Act takes effect September
	1, 2011.