BILL ANALYSIS

C.S.H.B. 480

By: Chisum

Judiciary & Civil Jurisprudence

Committee Report (Substituted)

BACKGROUND AND PURPOSE

In Texas, the law allows unilateral dissolution of a marriage, meaning one spouse can end a marriage on grounds of insupportability, even if the couple has a child. Currently, Texas law does not require a couple with a child to make efforts to restore the marriage, in the form of a crisis marriage education course, before filing for divorce. Reports repeatedly demonstrate that the benefits of a strong family are shared by adults and children alike. Marriage also has an economic impact on the State of Texas, as recent reports have concluded that divorce is one of the reasons that family breakdowns cost Texas taxpayers approximately $3 billion a year. 

Requiring a spouse to complete a crisis marriage education course before filing for dissolution of a marriage on grounds of insupportability is intended to provide a spouse or spouses with the skills necessary to resolve marital conflicts, maintain a healthy environment for their child or children, and meet the goal of marriage restoration. 

C.S.H.B. 480 requires a spouse seeking dissolution of marriage on grounds of insupportability to complete a crisis marriage education course not more than 60 days before the date the dissolution of marriage petition is filed, if the couple's household is the primary residence of a child.  The bill prohibits the court from enforcing the crisis marriage education course requirement if either spouse submits evidence of family violence, as defined.  The bill provides that the other spouse may also take a crisis marriage education course, and has specific requirements for the timely completion of such a course.  The bill authorizes the court to consider the completion of a crisis marriage education course as a factor in rendering an order affecting the rights or responsibilities of either spouse.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 480 amends the Family Code to require a petition in a suit for dissolution of marriage to be accompanied by a completion certificate for a crisis marriage education course completed by the petitioner not more than 60 days before the date the petition is filed if the suit is filed on the grounds of insupportability and the household of one of the parties is the primary residence for a child under the age of 18, a child 18 years of age who is attending high school, or an adult disabled child.  The bill authorizes the respondent to such a suit to file with the court, not later than 60 days after the respondent receives notice of the suit, a completion certificate for a crisis marriage education course completed by the respondent not more than 60 days before the date the petition is filed.  The bill authorizes either party to submit to the court the following evidence that the other party to the suit has committed family violence against or mentally, emotionally, verbally, or psychologically abused the party: a copy of a protective order, a police record, a statement by a physician or other medical evidence, or a sworn statement by a counselor or advocate in a family violence program. The bill prohibits the court from requiring the submission of a completion certificate for a crisis marriage education course or considering the completion of such a course as a factor in rendering an order affecting the rights or responsibilities of the parties, if a party submits evidence that the other party has committed family violence against the party filing suit.

C.S.H.B. 480 encourages each party to a suit for dissolution of marriage to attend a crisis marriage education course for at least 10 hours, completed within a 30-day period with the goal of marriage restoration. The bill requires the course to, at a minimum, include instruction in conflict management, communication skills, and forgiveness skills. The bill specifies that a crisis marriage education course should be offered by instructors trained and certified in a skills-based and research-based marriage curriculum and authorizes courses to be provided by marriage educators, clergy or their designees, licensed mental health professionals, faith-based organizations, and community-based organizations.  The bill requires a person who takes a crisis marriage education course to pay any fee charged for the course and requires a person who provides a marriage education course to provide to each person who completes the course a signed and dated completion certificate that includes the name of the course, the name of the course provider, and the completion date.

C.S.H.B. 480 requires the Health and Human Services Commission to maintain an Internet website on which individuals and organizations authorized to provide marriage education courses may electronically register with the commission to indicate the skills-based and research-based curriculum in which the registrant is certified.  The bill requires the executive commissioner to notify each county and district clerk about the website.  The bill requires the clerk of the court in which a petition for dissolution of a marriage based on insupportability is filed to give the person filing the petition information about the website and the location of libraries or other resource centers that provide access to the Internet. 

C.S.H.B. 480 requires a court ordering the division of the estate of parties in a suit for dissolution of marriage, setting the terms of spousal maintenance for an eligible spouse, determining whether to appoint a party as sole or joint managing conservator, and determining the application of child support guidelines to consider, among other items, the filing of a completion certificate if the suit is subject to the crisis marriage education course requirement.

EFFECTIVE DATE

September 1, 2010.

COMPARISON OF ORIGINAL AND SUBSTITUTE

C.S.H.B. 480 differs from the original by reducing the time within which a crisis marriage education course must be completed before the date a petition in a suit for dissolution of a marriage is filed from not more than one year before the date to not more than 60 days before that date.  The substitute differs from the original by increasing from not later than 14 days after the date a respondent receives notice of a suit for dissolution of marriage, to not later than 60 days the time by which a respondent to such a petition may file with a court a crisis marriage education course completion certificate.