BILL ANALYSIS



C.S.H.B. 48
By: McCall
05-03-95
Committee Report (Substituted)


BACKGROUND

The breakup of the family unit is having a devastating impact on
our society, especially among its children.  In an attempt to
minimize the adverse consequences of parental separation and/or
divorce on the family unit's most vulnerable members, the
responsible adults need to be challenged to look out for the best
interests of their child or children while in the process of
dissolving their own marriage or altering the parent-child
relationship in a similar fashion.

PURPOSE

C.S.H.B. 48 would authorize a court to require parents of minor
children who file for divorce or are party to any suit concerning
the parent-child relationship to make arrangements to attend a
seminar intended to educate parents on how divorce or separation
affects their offspring and teach them how to ease their children's
trauma, as well as how to avoid putting the children in the middle
of adult disputes.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1:  Amends Subchapter A, Chapter 153, Family Code, as added
by House Bill 655, Acts of the 74th Legislature, Regular Session,
1995, by adding Section 153.0025 as follows:  

     Sec. 153.0025. EDUCATION REGARDING EFFECT OF SUIT ON CHILDREN.
     Authorizes a court to mandate a four hour course if anyone is
a party to a suit affecting   the parent-child relationship. 
Specifies course curriculum and who may conduct a course 
     under this section.  Grants a court discretion to impose
various penalties for failure of one    or both of the parties to
attend the course.  Permits a reasonable fee to be assessed by the    court for course participation.  Exempts from compulsory
participation in this education    program any party to a
proceeding initiated by the Department of Protective and    Regulatory Services, the office of the attorney general, or a party
seeking a protective     order under Chapter 21.

SECTION 2.  Makes application of this Act retroactive.

SECTION 3.  Effective date:  September 1, 1995.

SECTION 4.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

H.B. 48 requires all parties in a suit affecting the parent-child
relationship to attend a children's interest seminar within 30 days
after the commencement of the suit, requires the local
administrative judge to appoint a seminar administrator to manage
seminars, and lists who may conduct seminars.  Requires the court
to provide notice to parties and to set fees for the seminar. 
Specifies requirements for seminar curriculum and administration. 
Requires certain jurisdictions to offer children's interest
seminars, while permitting other counties to do so.

C.S.H.B. 48 requires parties to attend seminars only if ordered by
the court.  The substitute bill gives the court greater discretion
to implement and manage children's interest seminars, including
approving who may conduct a seminar, imposing a fee for the
seminar, and determining policies for the administration of the
seminar.  Deletes the requirement that certain counties offer
children's interest seminars and provides that all counties are
eligible to implement such programs if so desired.

SUMMARY OF COMMITTEE ACTION

H.B. 48 was considered in a public hearing on March 22, 1995.

The following persons testified in favor of the bill:
     Robert L. Green Jr., representing himself and Primary
Nurturing Fathers of Texas/Texas        Fathers Alliance;
     Eric Anderson, representing Children's Rights Coalition;
     Pamela Brown, representing Texas Legal Services Center on
behalf of individual clients.

The bill was referred to a subcommittee composed of Representatives
Puente, Cuellar, and Van de Putte, Chair.

On April 25, 1995, in a formal meeting, the chair recalled the bill
from subcommittee.  The committee considered a complete substitute
which was adopted without objection.  H.B. 48 was reported
favorably as substituted with the recommendation that it do pass
and be printed by a record vote of 7 ayes, 0 nays, 0 pnv, 2 absent.