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.