AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Parties in a suit affecting the parent-child relationship are sometimes unable to pay the fees of a parenting coordinator due to hardship.  If neither party has the means to pay the fees of a parenting coordinator, a court may appoint a domestic relations officer or an individual from a comparable county agency to act as a parenting coordinator.  However, these officers and individuals are not always available in smaller counties.

 

H.B. 149 allows a court to appoint a person who meets the minimum qualifications prescribed by state law, including an employee of the court, to act as a parenting coordinator on a volunteer basis and without compensation. 

 

H.B. 149 amends current law relating to the appointment of a parenting coordinator or parenting facilitator in a suit affecting the parent-child relationship.

 

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 153.609(d), Family Code, to authorize the court, if due to hardship the parties are unable to pay the fees of a parenting coordinator, and a domestic relations office or a comparable county agency, rather than a public employee, is not available under Subsection (c) (relating to prohibiting public funds from being used to pay the fees of a parenting coordinator), if feasible, to appoint a person who meets the minimum qualifications prescribed by Section 153.610 (Qualification of Parenting Coordinator), including an employee of the court, to act as a parenting coordinator on a volunteer basis and without compensation.

 

SECTION 2.  Amends Section 153.6091, Family Code, to provide that Section 153.609 (Compensation of Parenting Coordinator) applies to a parenting facilitator, rather than to the compensation of a parenting facilitator, in the same manner as provided for a parenting coordinator, rather than for the compensation of a parenting coordinator, except that a person appointed in accordance with Section 153.609(d) to act as a parenting facilitator must meet the minimum qualifications prescribed by Section 153.6101 (Qualifications of Parenting Facilitator).

 

SECTION 3.  Provides that the change in law made by this Act applies to a suit affecting the parent-child relationship that is pending in a trial court on the effective date of this Act or that is filed on or after the effective date of this Act.

 

SECTION 4.  Effective date: upon passage or September 1, 2011.