SRC-HRD H.B. 2215 75(R)BILL ANALYSIS


Senate Research CenterH.B. 2215
By: Staples (Madla)
Jurisprudence
5-16-97
Committee Report (Amended)


DIGEST 

Currently, Texas law allows a court to order family counseling in cases of
conservatorship or possession of or access to a child, when the parties
are found to have a history of conflict in resolving such issues.
However, the statute does not specify the criteria of the counselors who
will be appointed or  when this order can be initiated.  H.B. 2215 would
set forth specific criteria regarding a person who may provide counseling
to the parties in such cases.   

PURPOSE

As proposed, H.B. 2215 authorizes the court in cases of conservatorship or
possession of or access to a child, when the parties have a history of
conflict in resolving the issue, to order a party to participate in
counseling with a mental health professional with certain qualifications. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 153.010, Family Code, to authorize the court, if
the court finds at the time of a hearing that the parties have a history
of conflict in resolving an issue of conservatorship or possession of or
access to the child, to order a party to participate in counseling with a
mental health professional who has a background in family therapy, a
mental health license that requires as a minimum a master's degree, and
has training in domestic violence if the court determines that the
training is relevant to the type of counseling needed; rather than order a
party to participate in counseling with a person appointed by the court.
Authorizes the court, if a person possessing the requirements of
Subsection (a)(1) is not available in the county in which the court
presides, to appoint a person the court believes is qualified to conduct
the counseling ordered under Subsection (a).   

SECTION 2. Effective date: September 1, 1997.

SECTION 3. Emergency clause.

SUMMARY OF COMMITTEE CHANGES

Amendment 1.

Page 1, line 7, insert "(a)" between "COUNSELING" and "If".

Page 1, line 16, insert "if the court determines that the training is
relevant to the type of counseling needed" between "violence" and
"[person". 

Page 1, between lines 18 and 19, insert Subsection (b).