By Haywood S.B. No. 1384
75R7115 JMM-F
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.
1-22 (b) A seminar that satisfies the requirement of this section
1-23 must be offered by a licensed professional counselor, a licensed
1-24 marriage and family therapist, a licensed psychiatrist, a licensed
2-1 psychologist, or a person designated as a program counselor by, or
2-2 a clergyman of, a church or other religious institution. The court
2-3 in which a petition for divorce or suit affecting the parent-child
2-4 relationship is pending shall provide a list of persons in the
2-5 county in which the court is located who provide counseling
2-6 services that satisfy the requirements of this section.
2-7 (c) A person required to complete a seminar under this
2-8 section shall pay a fee established by the court in which the
2-9 petition for divorce or suit affecting the parent-child
2-10 relationship is pending.
2-11 (d) A person who provides a seminar under this section shall
2-12 issue a certificate of completion to each person who completes the
2-13 seminar.
2-14 (e) If the court has ordered participation in a seminar
2-15 under this section, the court may not grant a divorce for parties
2-16 until each party submits to the court a certificate of completion
2-17 of a required divorce and children education seminar.
2-18 (f) On a party's failure to attend or complete a seminar
2-19 that the party is required to attend under this section, the court
2-20 may take appropriate action, including holding that party in
2-21 contempt of court, striking pleadings, or invoking any of the
2-22 sanctions provided by Rule 215, Texas Rules of Civil Procedure.
2-23 (g) A person who has attended a seminar under this section
2-24 may not be required to attend another seminar before the fifth
2-25 anniversary of the date the person completes the seminar.
2-26 SECTION 3. Subchapter A, Chapter 153, Family Code, is
2-27 amended by adding Section 153.0025 to read as follows:
3-1 Sec. 153.0025. EDUCATION REGARDING EFFECT OF SUIT ON
3-2 CHILDREN. (a) Except as provided by Subsection (d), in a suit
3-3 affecting the parent-child relationship, the court may order a
3-4 party to the suit to attend a divorce and children education
3-5 seminar under Section 3.545 regarding the effect of suits affecting
3-6 the parent-child relationship on children.
3-7 (b) On a party's failure to attend or complete a seminar
3-8 that the party is ordered to attend under this section, the court
3-9 may take appropriate action, including holding that party in
3-10 contempt of court, striking pleadings, or invoking any of the
3-11 sanctions provided by Rule 215, Texas Rules of Civil Procedure.
3-12 (c) A court ordering a party to attend a seminar under this
3-13 section may order the party to pay a reasonable fee set by the
3-14 court for the seminar.
3-15 (d) A court may not order a party to attend a seminar under
3-16 this section if the proceeding was brought by the Department of
3-17 Protective and Regulatory Services, the office of the attorney
3-18 general, or a party seeking a protective order under Chapter 71.
3-19 SECTION 4. This Act takes effect September 1, 1997, and
3-20 applies only to a suit filed on or after that date. A suit filed
3-21 before the effective date of this Act is governed by the law in
3-22 effect at the time the suit was filed, and the former law is
3-23 continued in effect for that purpose.
3-24 SECTION 5. The importance of this legislation and the
3-25 crowded condition of the calendars in both houses create an
3-26 emergency and an imperative public necessity that the
3-27 constitutional rule requiring bills to be read on three several
4-1 days in each house be suspended, and this rule is hereby suspended.