HBA-SEB C.S.H.B. 2441 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2441
By: Goodman
Juvenile Justice and Family Issues
4/15/1999
Committee Report (Substituted)


BACKGROUND AND PURPOSE 

Currently, courts have the authority to order parties in a suit for
dissolution of a marriage to participate in parenting courses if the
parties have children.  C.S.H.B. 2441 authorizes a court, in a suit
affecting the parent-child relationship, to order parties to such a suit to
take a parent education and family stabilization course if the court
determines that the order is in the child's best interests. It sets forth
the contents for the course and designates who may offer the course.  This
bill also authorizes the court to prohibit spouses from taking the course
together if the marriage has a history of family violence.    

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 105, Family Code, by adding Section105.009, as
follows: 

Sec.105.009.  PARENT EDUCATION AND FAMILY STABILIZATION COURSE.  (a)
Authorizes a court to order parties to a suit affecting the parent-child
relationship to attend a parent education and family stabilization course
(course) if the court determines that the order is in the child's best
interest.  Authorizes the court to order the parties to an action to modify
an order in a suit affecting the parent-child relationship providing for
possession of or access to a child.    

(b)  Prohibits the parties from being required to attend the course
together.  Authorizes the court, on its own motion or the motion of either
party, to prohibit the parties from taking the course together if there is
a history of family violence in the marriage. 

(c)  Provides that a course must be at least four hours in length and be
designed to educate and assist parents with regard to the consequences of
divorce on a family.  Sets forth the information that must be included in
the course. 

(d)  Prohibits a course from being designed to provide individual mental
therapy or individual legal advice. 

(e)  Provides that a course satisfies the requirements of this section if
it is offered by a mental health professional who has at least a master's
degree with a background in family therapy or parent education, a religious
practitioner who performs counseling consistent with the laws of this
state, another person designated as a program counselor by a church or
religious institution, or any other person designated as a course provider
by the county clerk if neither a mental health professional nor a religious
practitioner is available. 

(f)  Prohibits information obtained in a course or a statement made by a
participant to a suit during the course from being considered in the
adjudication of the suit or in any subsequent legal proceeding.  Prohibits
any report that comes out of participation in the course from becoming a
record in the suit unless the parties stipulate to the record in writing.  
 
(g)  Authorizes a court to take appropriate action with regard to a party
who fails to attend or complete a required course.  Prohibits the failure
or refusal by a party to attend or complete a required course from delaying
the court from rendering a judgment in a suit affecting the parent-child
relationship. 

(h)  Authorizes a course to be offered by personal instruction, videotape
instruction, instruction through an electronic medium, or a combination of
those methods. 

(i)  Requires a course provider to issue a certification of completion of
the course to each participant upon completion.  Sets forth the contents of
the certificate.    

(j)  Authorizes the county clerk in each county to establish a registry of
course providers in the county and a list of locations where the courses
are provided.  Requires the clerk to identify courses in the registry that
are offered on a sliding fee scale or without charge. 

(k)  Prohibits the court from ordering the parties to attend a course if
the parties cannot afford to take the course.  Authorizes the court to
direct the parties to take a course that is offered on a sliding fee scale
or without charge if the parties cannot afford the course and if a course
of that type is available. 

SECTION 2.  Amends Section 157.211, Family Code, to authorize the terms and
conditions of community supervision to include the obtainment of counseling
on conflict resolution and parenting skills.   

SECTION 3.  Effective date: September 1, 1999.
            Makes application of this Act prospective.

SECTION 4.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original in SECTION 1 by amending Chapter 105,
Family Code, by adding Section 105.009, to set forth the provisions for a
parent education and family stabilization course (course).  The original
would have set forth these provisions in SECTION 2 by amending Subchapter
F, Chapter 6, Family Code to add Section 6.5055.  The substitute instead
places the provisions in proposed Section 105.009, which was originally
created in SECTION 3 of the original bill to discuss attendance at the
course.  The modifications are as follows:   

Section 105.009(a) of the substitute, as redesignated from proposed Section
6.5055(a), authorizes, rather than requires, a court to order parties to a
suit affecting the parent-child relationship to take a course if the court
determines that the order is in the child's best interest.  The original
would have required the course in a suit for dissolution of a marriage
unless the requirement was waived for good cause.    

Section 105.009(b) of the substitute, as redesignated from proposed Section
6.5055(b), is modified to prohibit a court from requiring spouses to attend
a course together.  The original would not have required spouses to take
the course together.  

Section 105.009(c) of the substitute, as redesignated from proposed Section
6.5055(c), is modified to provide that a course must be designed to educate
parents, rather than divorcing parents, with regard to the effects of
divorce on children.  The substitute makes a nonsubstantive change. 

Section 105.009(e) of the substitute, as redesignated from proposed Section
6.5055(e), is modified to provide that a course offered by any person
designated as a course provider by a county clerk, including a properly
trained school counselor or a person having training in marriage and family
therapy, satisfies the requirements if a mental health professional or
religious practitioner is unavailable. 
 
Section 105.009(f) of the substitute is redesignated from proposed Section
6.5055(g). 


Section 105.009(g) of the substitute, as redesignated from proposed Section
6.5055(h), is modified to authorize a court to take appropriate action with
regard to a party who fails to attend or complete a required course.  It
also adds a provision to prohibit the failure or refusal by a party to
attend or complete a required course from delaying the court from rendering
a judgment in a suit affecting the parent-child relationship.  

Section 105.009(h) of the substitute is added to authorize a course to be
offered by personal instruction, videotape instruction, instruction through
an electronic medium, or a combination of those methods.  The original
would not have authorized those methods to be used. 

Section 105.009(i) of the substitute, as redesignated from proposed Section
6.5055(i), is modified to set forth the contents of a certificate of
completion of a course, which would not have appeared in the original.  The
original would have required the participant to pay a fee for attending the
course in an amount determined by the court in which the suit is pending. 

Section 105.009(j) of the substitute, as redesignated from proposed Section
6.5055(f), is modified to authorize, rather than require, the county clerk
in each county to establish a registry of course providers in the county
and a list of locations at which courses are provided.  The substitute also
deletes the condition of availability from the clerk's requirement to
include the courses that are offered on a sliding scale or without a fee.

Sec. 105.009(k) of the substitute is added to prohibit a court from
ordering the parties to attend a course if the parties cannot afford to
take the course.  It authorizes the court to direct the parties to take a
course that is offered on a sliding fee scale or without charge if the
parties cannot afford the course and if a course of that type is available. 

The substitute deletes the text of SECTION 1 of the original, which would
have amended Subchapter E, Chapter 6, Family Code, by adding Section 6.410,
to require a court in which a suit for dissolution of a marriage is filed
to provide to the petitioner an unsigned anonymous questionnaire for use by
the Texas Tech University human development and family studies department.  

The substitute redesignates SECTION 4 of the original to SECTION 2 of the
substitute. 

The substitute deletes the text of proposed Section 105.009, Family Code,
which would have authorized a court to require parties to a suit to
complete a parent education and family stabilization course before
rendering final judgment. 

The substitute modifies SECTION 3 of the substitute, as redesignated from
SECTION 5 of the orginal, to make a conforming change in the prospective
clause.