By Madden, McCall, Oakley H.B. No. 48
74R36 JMM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to attendance at a seminar concerning the interests 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, all individuals
1-12 receiving service of citation in the suit must successfully
1-13 complete a children's interests seminar that meets the requirements
1-14 of this subchapter if a seminar program exists in the county in
1-15 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 mental
1-21 health professional licensed by the state in a counseling-related
1-22 profession who has a master's degree in a mental health field,
1-23 including psychology, social work, counseling, or a related field
1-24 to provide the seminars.
2-1 (c) The qualifications required under Subsection (b) for a
2-2 person who conducts a seminar under this subchapter do not apply to
2-3 a person who provides proof to the seminar administrator that the
2-4 person:
2-5 (1) conducted seminar programs before September 1,
2-6 1995, that meet the requirements of this subchapter; and
2-7 (2) meets the other requirements of this subchapter.
2-8 (d) The commissioners court shall set the salary of a
2-9 seminar administrator.
2-10 Sec. 11.803. NOTICE; APPLICATION. (a) At the time a
2-11 petition in a suit affecting the parent-child relationship is
2-12 filed, the court shall provide notice to the parties in the suit
2-13 who are required to attend a seminar under this subchapter that the
2-14 individual must attend the seminar or provide proof of having
2-15 attended an alternative program.
2-16 (b) An application to attend a seminar may be obtained from
2-17 the office of the seminar administrator.
2-18 (c) The application and required fee must be returned to the
2-19 seminar administrator's office before the date of the seminar that
2-20 the individual applies to attend to ensure that sufficient space
2-21 and materials will be available at the seminar.
2-22 Sec. 11.804. SEMINAR FEE; WAIVER. (a) An individual
2-23 attending a seminar required under this subchapter shall pay a fee
2-24 set by the court to cover the costs of the seminar, including the
2-25 presenter's fee, written materials, and the administration of the
2-26 seminar.
2-27 (b) The court may waive the fee required by this section for
3-1 an individual who is indigent.
3-2 Sec. 11.805. SEMINAR REQUIREMENTS. (a) A seminar must be
3-3 at least four hours long and be offered not less than twice each
3-4 calendar month. An individual required to attend a seminar may
3-5 attend either two two-hour evening sessions or one four-hour
3-6 daytime session.
3-7 (b) Instruction at a seminar shall focus on the
3-8 developmental needs of children with particular emphasis on
3-9 protecting a child's emotional well-being during periods of stress.
3-10 An individual who seeks additional information or assistance shall
3-11 be directed to appropriate sources of information or assistance.
3-12 (c) Instruction at a seminar must cover:
3-13 (1) the developmental stages of childhood;
3-14 (2) the needs of children at different ages;
3-15 (3) indicators of stress in children;
3-16 (4) age-appropriate expectations for children;
3-17 (5) the effect of divorce on children;
3-18 (6) the grieving process;
3-19 (7) the reduction of stress for children through an
3-20 amicable divorce;
3-21 (8) changing parental and marital roles;
3-22 (9) visitation recommendations to enhance a child's
3-23 relationship with both of the child's parents;
3-24 (10) the financial obligations of child rearing; and
3-25 (11) conflict management and dispute resolution.
3-26 Sec. 11.806. VERIFICATION OF ATTENDANCE. (a) The seminar
3-27 administrator shall provide the seminar presenter with a list of
4-1 the individuals scheduled to attend the seminar.
4-2 (b) An individual attending a seminar must present proof of
4-3 identification to the seminar presenter in order to be recorded as
4-4 having attended the seminar.
4-5 (c) An individual who successfully completes the required
4-6 seminar shall be given a certificate of attendance to present to
4-7 the court at the time of the hearing on the suit affecting the
4-8 parent-child relationship.
4-9 Sec. 11.807. REQUIREMENT WAIVED; SUBSTITUTION. (a) On good
4-10 cause shown, the court may waive the requirement that a party
4-11 attend a seminar.
4-12 (b) An individual required to attend a seminar may
4-13 substitute a program of equal value and content by providing
4-14 written evidence that satisfies the seminar administrator that the
4-15 individual has participated in counseling, mediation, or another
4-16 educational seminar that addressed the issues listed in Section
4-17 11.805(c).
4-18 Sec. 11.808. FAILURE TO ATTEND SEMINAR. A party who does
4-19 not complete a seminar is subject to appropriate action by the
4-20 court of continuing jurisdiction, including sanctions for contempt
4-21 of court.
4-22 Sec. 11.809. HEARING DELAY NOT PERMITTED FOR NONATTENDANCE.
4-23 A hearing on a suit affecting the parent-child relationship may not
4-24 be delayed by a party's refusal or delay in completing the seminar.
4-25 Sec. 11.810. SEMINAR SECURITY. The county sheriff or local
4-26 law enforcement agency for the jurisdiction in which a seminar is
4-27 held shall provide an armed uniformed peace officer at the location
5-1 of each seminar to provide security for persons attending the
5-2 seminar before, during, and after each seminar session.
5-3 Sec. 11.811. JURISDICTIONS OFFERING SEMINARS. (a) Seminars
5-4 required under this subchapter shall be conducted by the courts in:
5-5 (1) Harris County;
5-6 (2) Dallas County;
5-7 (3) Bexar County;
5-8 (4) Travis County;
5-9 (5) Collin County;
5-10 (6) Tarrant County;
5-11 (7) El Paso County; and
5-12 (8) Lubbock County.
5-13 (b) A court in a county other than a county listed in
5-14 Subsection (a) may provide seminars that meet the requirements of
5-15 this subchapter.
5-16 SECTION 2. This Act takes effect September 1, 1995, except
5-17 that a district court is not required to establish a seminar
5-18 program and a person may not be required to attend a seminar until
5-19 December 1, 1995.
5-20 SECTION 3. This Act applies only to a suit affecting the
5-21 parent-child relationship filed after December 1, 1995.
5-22 SECTION 4. The importance of this legislation and the
5-23 crowded condition of the calendars in both houses create an
5-24 emergency and an imperative public necessity that the
5-25 constitutional rule requiring bills to be read on three several
5-26 days in each house be suspended, and this rule is hereby suspended.