BILL ANALYSIS

 

 

Senate Research Center	S.B. 539
	By: Hinojosa
	State Affairs
	6/29/2017
	Enrolled

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

In 2015, five women were murdered during custody exchanges. Overall, 11 children witnessed the murder of their mothers, highlighting the need for better, safer custody solutions.

 

Currently, mediators handling suits affecting parent-child relationships (child custody) cases do not have training in domestic violence. Other professionals involved in child custody cases such as parenting time coordinators and child custody evaluators have a statutory requirement of a minimum of eight hours of training on domestic violence. Mediators play a pivotal role in child custody cases and families' lives.

 

S.B. 539 enhances family safety and well-being by including a family violence dynamics training requirement for mediators in child custody cases. Mediators with a base level of domestic violence knowledge can help accomplish safety in the mediation process. (Original Author's / Sponsor's Statement of Intent)

 

S.B. 539 amends current law relating to the qualifications for an impartial third party in certain civil disputes.

 

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 154.052(b), Civil Practice and Remedies Code, as follows:

 

(b) Requires a person, to qualify for an appointment as an impartial third party under this subchapter (Impartial Third Parties) in a dispute relating to the parent-child relationship, to complete the training required by Subsection (a) (relating to minimum classroom training for impartial third parties) and an additional 24 hours of training in certain fields, including a minimum of four hours of family violence dynamics training developed in consultation with a statewide family violence advocacy organization.

 

SECTION 2. Makes application of this Act prospective to January 1, 2018.

 

SECTION 3. Effective date: September 1, 2017.