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.