By Goolsby                                      H.B. No. 1987

      75R7801 JMM-D                           

                                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 3.54, Family Code, is amended by adding

 1-7     Subsection (f) to read as follows:

 1-8           (f)  After a petition for divorce is filed to dissolve a

 1-9     marriage in which the parties to the marriage are the parents of a

1-10     child under 18 years of age born or adopted during the marriage,

1-11     the court may direct each party to attend a divorce and children

1-12     education seminar as provided by Section 3.545.  A requirement that

1-13     the parties attend a divorce and children education seminar does

1-14     not exempt the parties from the counseling provision of Subsection

1-15     (a).

1-16           SECTION 2.  Subchapter C, Chapter 3, Family Code, is amended

1-17     by adding Section 3.545 to read as follows:

1-18           Sec. 3.545.  DIVORCE AND CHILDREN EDUCATION SEMINAR.  (a)  A

1-19     divorce and children education seminar must address issues that

1-20     confront children who are the subject of a suit affecting the

1-21     parent-child relationship.  A seminar under this section must

1-22     consist of a total of 12 hours conducted in sessions that do not

1-23     exceed two hours each.

1-24           (b)  A seminar that satisfies the requirement of this section

 2-1     must be offered by a licensed professional counselor, a licensed

 2-2     marriage and family therapist, a licensed psychiatrist, a licensed

 2-3     psychologist, or a person designated as a program counselor by, or

 2-4     a 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 counseling

 2-8     services that satisfy the requirements of this section.

 2-9           (c)  A person required to complete a seminar under this

2-10     section shall pay a fee established by the court in which the

2-11     petition for divorce or suit affecting the parent-child

2-12     relationship is pending.

2-13           (d)  A person who provides a seminar under this section shall

2-14     issue a certificate of completion to each person who completes the

2-15     seminar.

2-16           (e)  If the court has ordered participation in a seminar

2-17     under this section, the court may not grant a divorce for parties

2-18     until each party submits to the court a certificate of completion

2-19     of a required divorce and children education seminar.

2-20           (f)  On a party's failure to attend or complete a seminar

2-21     that the party is required to attend under this section, the court

2-22     may take appropriate action, including holding that party in

2-23     contempt of court, striking pleadings, or invoking any of the

2-24     sanctions provided by Rule 215, Texas Rules of Civil Procedure.

2-25           (g)  A person who has attended a seminar under this section

2-26     may not be required to attend another seminar before the fifth

2-27     anniversary of the date the person completes the seminar.

 3-1           SECTION 3.  Subchapter A, Chapter 153, Family Code, is

 3-2     amended by adding Section 153.0025 to read as follows:

 3-3           Sec. 153.0025.  EDUCATION REGARDING EFFECT OF SUIT ON

 3-4     CHILDREN.  (a)  Except as provided by Subsection (d), in a suit

 3-5     affecting the parent-child relationship, the court may order a

 3-6     party to the suit to attend a divorce and children education

 3-7     seminar under Section 3.545 regarding the effect of suits affecting

 3-8     the parent-child relationship on children.

 3-9           (b)  On a party's failure to attend or complete a seminar

3-10     that the party is ordered to attend under this section, the court

3-11     may take appropriate action, including holding that party in

3-12     contempt of court, striking pleadings, or invoking any of the

3-13     sanctions provided by Rule 215, Texas Rules of Civil Procedure.

3-14           (c)  A court ordering a party to attend a seminar under this

3-15     section may order the party to pay a reasonable fee set by the

3-16     court for the seminar.

3-17           (d)  A court may not order a party to attend a seminar under

3-18     this section if the proceeding was brought by the Department of

3-19     Protective and Regulatory Services, the office of the attorney

3-20     general, or a party seeking a protective order under Chapter 71.

3-21           SECTION 4.  This Act takes effect September 1, 1997, and

3-22     applies only to a suit filed on or after that date.  A suit filed

3-23     before the effective date of this Act is governed by the law in

3-24     effect at the time the suit was filed, and the former law is

3-25     continued in effect for that purpose.

3-26           SECTION 5.  The importance of this legislation and the

3-27     crowded condition of the calendars in both houses create an

 4-1     emergency and an imperative public necessity that the

 4-2     constitutional rule requiring bills to be read on three several

 4-3     days in each house be suspended, and this rule is hereby suspended.