75R11733 JMM-F By Hirschi, Goolsby, Madden H.B. No. 1890 Substitute the following for H.B. No. 1890: By Reyna of Bexar C.S.H.B. No. 1890 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to counseling and education programs for certain persons 1-3 in a suit for divorce or a suit affecting the parent-child 1-4 relationship. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Section 6.505, Family Code, as added by S.B. 334, 1-7 Acts of the 75th Legislature, Regular Session, 1997, is amended by 1-8 adding Subsection (e) to read as follows: 1-9 (e) After a petition for divorce is filed to dissolve a 1-10 marriage in which the parties to the marriage are the parents of a 1-11 child under 18 years of age born or adopted during the marriage, 1-12 the court may direct each party to attend a court-approved divorce 1-13 and parent education seminar as provided by Section 6.5055. A 1-14 requirement that the parties attend a divorce and parent education 1-15 seminar does not exempt the parties from the counseling provision 1-16 of Subsection (a). 1-17 SECTION 2. Subchapter F, Chapter 6, Family Code, as added by 1-18 S.B. 334, Acts of the 75th Legislature, Regular Session, 1997, is 1-19 amended by adding Section 6.5055 to read as follows: 1-20 Sec. 6.5055. DIVORCE AND PARENT EDUCATION SEMINAR. (a) A 1-21 divorce and parent education seminar must address issues that 1-22 confront children who are the subject of a suit affecting the 1-23 parent-child relationship. 1-24 (b) A seminar that satisfies the requirement of this section 2-1 must be offered by a mental health professional who has at least a 2-2 master's degree and experience in family therapy or parent 2-3 education or a person designated as a program counselor by, or a 2-4 clergyman of, a church or other religious institution. The court 2-5 in which a petition for divorce or suit affecting the parent-child 2-6 relationship is pending shall provide a list of persons in the 2-7 county in which the court is located who provide seminar services 2-8 that satisfy the requirements of this section. 2-9 (c) A seminar under this section must consist of at least 2-10 four hours and not more than 12 hours and be conducted in sessions 2-11 that do not exceed four hours each. 2-12 (d) A person required to complete a seminar under this 2-13 section shall pay a reasonable fee established by the court in 2-14 which the petition for divorce or suit affecting the parent-child 2-15 relationship is pending. 2-16 (e) A person who provides a seminar under this section shall 2-17 issue a certificate of completion to each person who completes the 2-18 seminar. 2-19 (f) If the court has ordered participation in a seminar 2-20 under this section, the court may refuse to grant a divorce for 2-21 parties until each party submits to the court a certificate of 2-22 completion of a required divorce and parent education seminar. 2-23 (g) On a party's failure to attend or complete a seminar 2-24 that the party is required to attend under this section, the court 2-25 may take appropriate action, including holding that party in 2-26 contempt of court, striking pleadings, or invoking any of the 2-27 sanctions provided by Rule 215, Texas Rules of Civil Procedure. 3-1 (h) A person who has attended a seminar under this section 3-2 may not be required to attend another seminar before the fifth 3-3 anniversary of the date the person completes the seminar. 3-4 SECTION 3. Subchapter A, Chapter 153, Family Code, is 3-5 amended by adding Section 153.0025 to read as follows: 3-6 Sec. 153.0025. EDUCATION REGARDING EFFECT OF SUIT ON 3-7 CHILDREN. (a) Except as provided by Subsection (d), in a suit 3-8 affecting the parent-child relationship, the court may order a 3-9 party to the suit to attend a divorce and parent education seminar 3-10 under Section 6.5055 regarding the effect of suits affecting the 3-11 parent-child relationship on children. 3-12 (b) On a party's failure to attend or complete a seminar 3-13 that the party is ordered to attend under this section, the court 3-14 may take appropriate action, including holding that party in 3-15 contempt of court, striking pleadings, or invoking any of the 3-16 sanctions provided by Rule 215, Texas Rules of Civil Procedure. 3-17 (c) A court ordering a party to attend a seminar under this 3-18 section may order the party to pay a reasonable fee set by the 3-19 court for the seminar. 3-20 (d) A court may not order a party to attend a seminar under 3-21 this section if the proceeding was brought by the Department of 3-22 Protective and Regulatory Services, the office of the attorney 3-23 general, or a party seeking a protective order under Title 4. 3-24 SECTION 4. This Act takes effect only if S.B. 334, Acts of 3-25 the 75th Legislature, Regular Session, 1997, becomes law. If that 3-26 legislation does not become law, this Act has no effect. 3-27 SECTION 5. This Act takes effect September 1, 1997, and 4-1 applies only to a suit filed on or after that date. A suit filed 4-2 before the effective date of this Act is governed by the law in 4-3 effect at the time the suit was filed, and the former law is 4-4 continued in effect for that purpose. 4-5 SECTION 6. The importance of this legislation and the 4-6 crowded condition of the calendars in both houses create an 4-7 emergency and an imperative public necessity that the 4-8 constitutional rule requiring bills to be read on three several 4-9 days in each house be suspended, and this rule is hereby suspended.