By: McCall H.B. No. 55
73R671 JMM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to attendance at a seminar concerning the interest of
1-3 children by certain parties to certain suits affecting the
1-4 parent-child relationship.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 11, Family Code, is amended by adding
1-7 Subchapter C to read as follows:
1-8 SUBCHAPTER C. CHILDREN'S INTERESTS SEMINAR
1-9 Sec. 11.801. SEMINAR ATTENDANCE REQUIRED. Not later than
1-10 the 30th day after the date of commencement of a suit affecting the
1-11 parent-child relationship under Chapter 14 of this code, all
1-12 individuals receiving service of citation in the suit must
1-13 successfully complete a children's interests seminar that meets the
1-14 requirements of this subchapter if a seminar program exists in the
1-15 county in which the suit was filed.
1-16 Sec. 11.802. SEMINAR ADMINISTRATION. (a) The local
1-17 administrative judge in each county shall appoint a seminar
1-18 administrator to manage the seminars that are conducted within the
1-19 county.
1-20 (b) The seminar administrator shall contract with a regional
1-21 affiliate of the American Association for Marriage and Family
1-22 Therapy to provide the seminars.
1-23 (c) The commissioners court shall set the salary of a
1-24 seminar administrator.
2-1 Sec. 11.803. NOTICE; APPLICATION. (a) At the time a
2-2 petition in a suit affecting the parent-child relationship is
2-3 filed, the court shall provide notice to the parties in the suit
2-4 who are required to attend a seminar under this subchapter that the
2-5 individual must attend the seminar or provide proof of having
2-6 attended an alternative program.
2-7 (b) An application to attend a seminar may be obtained from
2-8 the office of the seminar administrator.
2-9 (c) The application and required fee must be returned to the
2-10 seminar administrator's office before the date of the seminar that
2-11 the individual applies to attend to ensure that sufficient space
2-12 and materials will be available at the seminar.
2-13 Sec. 11.804. SEMINAR FEE; WAIVER. (a) An individual
2-14 attending a seminar required under this subchapter shall pay a fee
2-15 of $30 to cover the costs of the seminar, including the presenter's
2-16 fee, written materials, and the administration of the seminar.
2-17 (b) The court may waive the fee required in this subsection
2-18 for an individual who is indigent.
2-19 Sec. 11.805. SEMINAR REQUIREMENTS. (a) A seminar must be
2-20 at least four hours long and be offered not less than twice each
2-21 calendar month. An individual required to attend a seminar may
2-22 attend either two two-hour evening sessions or one four-hour
2-23 daytime session.
2-24 (b) Instruction at a seminar shall focus on the
2-25 developmental needs of children with particular emphasis on
2-26 protecting a child's emotional well-being during periods of stress.
2-27 An individual who seeks additional information or assistance shall
3-1 be directed to appropriate sources of information or assistance.
3-2 (c) Instruction at a seminar must cover the following
3-3 topics:
3-4 (1) the developmental stages of childhood;
3-5 (2) the needs of children at different ages;
3-6 (3) indicators of stress in children;
3-7 (4) age appropriate expectations for children;
3-8 (5) the effect of divorce on children;
3-9 (6) the grieving process;
3-10 (7) the reduction of stress for children through an
3-11 amicable divorce;
3-12 (8) changing parental and marital roles;
3-13 (9) visitation recommendations to enhance a child's
3-14 relationship with both of the child's parents;
3-15 (10) the financial obligations of child rearing; and
3-16 (11) conflict management and dispute resolution.
3-17 Sec. 11.806. VERIFICATION OF ATTENDANCE. (a) The seminar
3-18 administrator shall provide the seminar presenter with a list of
3-19 the individuals scheduled to attend the seminar.
3-20 (b) An individual attending a seminar must present proof of
3-21 identification to the seminar presenter in order to be recorded as
3-22 having attended the seminar.
3-23 (c) An individual who successfully completes the required
3-24 seminar shall be given a certificate of attendance to present to
3-25 the court at the time of the hearing on the suit affecting the
3-26 parent-child relationship.
3-27 Sec. 11.807. REQUIREMENT WAIVED; SUBSTITUTION. (a) On good
4-1 cause shown, the court may waive the requirement that a party
4-2 attend a seminar.
4-3 (b) An individual required to attend a seminar may
4-4 substitute a program of equal value and content by providing
4-5 written evidence that satisfies the seminar administrator that the
4-6 individual has participated in counseling, mediation, or another
4-7 educational seminar that addressed the issues listed in Section
4-8 11.805(c) of this code.
4-9 Sec. 11.808. FAILURE TO ATTEND SEMINAR. A party who does
4-10 not complete a seminar is subject to appropriate action by the
4-11 court of continuing jurisdiction, including sanctions for contempt
4-12 of court.
4-13 Sec. 11.809. HEARING DELAY NOT PERMITTED FOR NONATTENDANCE.
4-14 A hearing on a suit affecting the parent-child relationship may not
4-15 be delayed by a party's refusal or delay in completing the seminar.
4-16 Sec. 11.810. SEMINAR SECURITY. The county sheriff or local
4-17 law enforcement agency for the jurisdiction in which a seminar is
4-18 held shall provide an armed uniformed peace officer at the location
4-19 of each seminar to provide security for persons attending the
4-20 seminar before, during, and after each seminar session.
4-21 Sec. 11.811. JURISDICTIONS OFFERING SEMINARS. (a) Seminars
4-22 required under this subchapter shall be conducted by the courts in
4-23 the following counties:
4-24 (1) Harris County;
4-25 (2) Dallas County;
4-26 (3) Bexar County;
4-27 (4) Travis County;
5-1 (5) Tarrant County;
5-2 (6) El Paso County; and
5-3 (7) Lubbock County.
5-4 (b) A court in a county other than a county listed in
5-5 Subsection (a) of this section may provide seminars that meet the
5-6 requirements of this subchapter.
5-7 SECTION 2. This Act takes effect September 1, 1993, except
5-8 that a district court is not required to establish a seminar
5-9 program and a person may not be required to attend a seminar until
5-10 December 1, 1993.
5-11 SECTION 3. This Act applies only to a suit affecting the
5-12 parent-child relationship filed after December 1, 1993.
5-13 SECTION 4. The importance of this legislation and the
5-14 crowded condition of the calendars in both houses create an
5-15 emergency and an imperative public necessity that the
5-16 constitutional rule requiring bills to be read on three several
5-17 days in each house be suspended, and this rule is hereby suspended.