BILL ANALYSIS

 

 

Senate Research Center                                                                                                 C.S.S.B. 449

80R14477 JMM-D                                                                                                             By: Uresti

                                                                                                                                      Jurisprudence

                                                                                                                                            4/12/2007

                                                                                                        Committee Report (Substituted)

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Divorce proceedings place additional stress and emotional hardship on every family member, particularly the children. The emotional effects of a divorce can have lasting effects on the children of divorced parents, resulting in behavioral, academic, and developmental problems. Many times subsequent marriages that create "blended families" fail because newly married spouses have difficulty determining and coordinating disciplinary and other child-rearing matters. Other states, such as Florida, have implemented parent education and family stabilization courses for this reason.

 

C.S.S.B. 449 requires that all parties in a suit affecting the parent-child relationship attend parenting classes.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 105.009(a), Family Code, as follows:

 

(a) Authorizes the court, in a suit affecting the parent-child relationship and except as provided by Subsection (a-1), to order the parties to the suit to attend a parent education and family stabilization course.  Authorizes the court to order the parties to a suit to attend a parent education and family stabilization course in an action to modify an order in a suit affecting the parent-child relationship, if the court deems it is in the best interest of the child. Provides that this section does not apply to a suit filed by a governmental entity.

 

(a-1) Requires the court, in a suit affecting the parent-child relationship that is included in or accompanied by a suit for dissolution of a marriage, to order the parties to the suit to attend a parent education and family stabilization course unless the court finds that a party does not have access to a course. Provides that the failure of a party to attend a course ordered under this subsection is not grounds for the court to delay rendering a final order in the suit for dissolution of a marriage. Provides that this subsection does not apply to a suit for dissolution of a marriage in which a default judgment is rendered.

 

SECTION 2. Makes application of this Act prospective.

 

SECTION 3. Effective date: September 1, 2007.