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A BILL TO BE ENTITLED
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AN ACT
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relating to court-ordered counseling in certain suits affecting the |
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parent-child relationship. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 153.010, Family Code, is amended by |
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amending Subsection (a) and adding Subsections (c) and (d) to read |
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as follows: |
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(a) Subject to Subsections (c) and (d), if [If] the court |
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finds at the time of a hearing that the parties have a history of |
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conflict in resolving an issue of conservatorship or possession of |
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or access to the child, the court may order a party to[: |
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[(1)] participate in counseling with a mental health |
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professional who: |
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(1) [(A)] has a background in family therapy; |
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(2) [(B)] has a mental health license that requires as |
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a minimum a master's degree; and |
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(3) [(C)] has training in the dynamics of family |
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[domestic] violence if the court determines that the training is |
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relevant to the type of counseling needed[; and |
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[(2) pay the cost of counseling]. |
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(c) In determining whether to order a party to participate |
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in counseling under Subsection (a), the court shall consider |
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evidence of family violence or sexual abuse in accordance with |
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Section 153.004. If credible evidence of family violence or sexual |
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abuse is presented, the court may not order counseling in which a |
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victim of the violence or abuse participates in counseling sessions |
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together with the perpetrator of the violence or abuse. |
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(d) A court may not order a party to participate in |
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counseling under Subsection (a) in which the person conducting the |
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counseling requires: |
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(1) the isolation of a child who is the subject of the |
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suit from the child's family, school, religious community, other |
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community, or other sources of support, including by prohibiting or |
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preventing the child from contacting a parent or other family |
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member; |
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(2) a child who is the subject of the suit to stay |
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overnight or for multiple days in an out-of-state location or other |
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location, regardless of whether the child is accompanied by a |
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parent or other family member; |
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(3) the transportation of a child who is the subject of |
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the suit to a location by force, threat of force, undue coercion, or |
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other action that places the child's safety at risk; |
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(4) a temporary or permanent change in the periods of |
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possession of or access to a child who is the subject of the suit to |
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which a conservator of the child would otherwise be entitled; or |
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(5) the use of force, threat of force, undue coercion, |
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or verbal abuse against a child who is the subject of the suit. |
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SECTION 2. Section 153.010, Family Code, as amended by this |
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Act, applies to a suit affecting the parent-child relationship that |
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is pending in a trial court on the effective date of this Act or that |
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is filed on or after the effective date of this Act. |
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SECTION 3. The change in law made by this Act to Section |
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153.010, Family Code, constitutes a material and substantial change |
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of circumstances sufficient to warrant modification of a court |
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order or portion of a decree that provides for the possession of or |
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access to a child rendered before the effective date of this Act. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |