CJ C.S.H.B. 1890 75(R)BILL ANALYSIS



JUVENILE JUSTICE & FAMILY ISSUES
C.S.H.B. 1890
By: Hirschi
4-24-97
Committee Report (Substituted)

BACKGROUND

Children of parents undergoing the process of divorce must cope with many
issues.  In an attempt to help these children and their parents, a few
states and counties have established a court-ordered seminar to educate
parents involved in divorce proceedings.  The intent of the seminar is to
minimize the pain children and parents go through during the process of
divorce.  

PURPOSE

The bill proposes to establish a court-ordered seminar to educate parents
involved in divorce actions. The seminar shall address the issues
confronting children that are the subject of divorce, custody and child
support litigation. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Section 6.505, Family Code, is amended by adding Subsection
(e) to allow the court to direct the parents of children under 18 years of
age born or adopted, who have filed for divorce to attend an education
seminar.  The seminar does not exempt the parties from the counseling
provision of Subsection (a).   

SECTION 2. Subchapter F, Chapter 6, Family Code, is amended by adding
Section 6.5055 to (a) define the seminar and require it to address the
issues concerning the affects of the suit on the child and the   affects
on the parent-child relationship. 

(b) State the requirements for the seminar instructor.

(c) The duration requirements for the seminar.

(d) The parties who are required to attend the seminar shall pay the
established fee set by the court. 

(e) The person who provides the counseling services must provide a
certificate of completion  to each person who completes the seminar
requirements.  

(f) The court may withhold the grant of divorce until both parties provide
a certificate of completion of the required divorce and child seminar. 

(g) The court may take action against the party's who failed to attend the
required seminar.  The action may include holding the party in contempt of
court, striking pleading, or invoking any of the sanctions provided by
rule 215, Texas Rules of Procedure.  

(h) A person who has attended the required seminar will not be required to
attend another seminar until five years after the date of the completed
seminar.  

SECTION 3.  Subchapter A, Chapter 153, Family Code, is amended Section
153.0025 to (a) allow the  court to order the party's in the suit to
attend a a divorce and children education seminar  under  regarding the
effect of suits affecting the parent-child relationship on children.    

(b) The court may take appropriate action, including holding the party in
contempt of court,  striking pleadings, or invoking any of the sanctions
provided by Rule 215, Texas Rules of  Civil Procedure, for failure to
attend or complete the seminar.  

(c) The court may order the party to pay a reasonable fee set by the court
for the seminar. 

(d) A court may not order a party to attend the seminar if the proceeding
was brought by the  Department of Protective and Regulatory Services, the
office of the attorney general, or a  party seeking a protective order
under Title 4. 

Section 4. This act takes effect if SB 334 becomes law.  

Section 5. This takes effect September 1, 1997.

Section 6. Emergency clause




COMPARISON OF ORIGINAL TO SUBSTITUTE

The Committee substitute adds a new subsection (c) in Section 2 of the
bill to state the duration requirements for the seminar.