CJ H.B. 2215 75(R)BILL ANALYSIS


JUVENILE JUSTICE & FAMILY ISSUES
H.B. 2215
BY:  STAPLES
4-11-97
Committee Report (Amended)



BACKGROUND

Section 153.010, Family Code, allows the court to order family counseling
in cases of conservatorship, possession, and access when the parties are
found to have a history of conflict in resolving such issues.  Current law
does not specify the criteria of the counselors who will be appointed or
when this order can be initiated.  

PURPOSE

HB 2215 would eliminate confusion concerning when a court can order family
counseling during the court process and defines a criteria required to
perform family counseling in the aforementioned cases.  This will help
ensure that the most qualified counselors are being appointed by the
court. 

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

SECTION 1. Amends Section 153.010, Family Code, as follows:

Sec. 153.010. Authorizes the court, if it finds at the time of the hearing
that the parties have a history of conflict in resolving matters of
conservatorship, possession or access to the child, to order a party to: 

 (1) participate in court appointed counseling with licensed mental health
professional who has a background in marriage and family therapy and has
trained in domestic violence issues. 

SECTION 2. Effective date:  September 1, 1997.

SECTION 3. Emergency clause.




CJ H.B. 2215 75(R)

EXPLANATION OF AMENDMENTS

The amendment changes the definition of the person appointed by the court
to provide counseling to fit a certain criteria rather than a particular
licensure.