Authority of Tribunal In Case of Noncompliance

Sec. 15.116. AUTHORITY OF TRIBUNAL IN CASE OF NONCOMPLIANCE. (a) Notwithstanding that an agreement fails to meet the requirements of Section 15.101 or that a lawyer has failed to comply with Section 15.111 or 15.112, a tribunal may find that the parties intended to enter into a collaborative family law participation agreement if the parties: (1) signed a record indicating an intent to enter into a collaborative family law participation agreement; and (2) reasonably believed the parties were participating in a collaborative family law process. (b) If a tribunal makes the findings specified in Subsection (a) and determines that the interests of justice require the following action, 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 Sections 15.106, 15.107, and 15.108; and (3) apply the collaborative family law privilege under Section 15.114. Added by Acts 2011, 82nd Leg., R.S., Ch. 1048 (H.B. 3833), Sec. 1, eff. September 1, 2011.