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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 a suit 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. Subchapter A, Chapter 153, Family Code, is |
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amended by amending Sections 153.010 to read as follows: |
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Sec. 153.010. ORDER FOR FAMILY COUNSELING. (a) If the |
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court finds at the time of a hearing that the parties have a history |
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of conflict in resolving an issue of conservatorship or possession |
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of 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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(A) has a background in family therapy; |
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(B) has a mental health license that requires as |
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a minimum a master's degree; and |
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(C) has training in the dynamics of family |
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violence; [domestic violence if the court determines that the |
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training is relevant to the type of counseling needed; and] |
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(2) Shall consider the history of domestic violence or |
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sexual abuse as outlined in Section 153.004 of the Texas Family Code |
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in determining whether to order family counseling. If such |
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evidence exists, the victim(s) of the abuse shall not be ordered to |
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participate in any type of counseling with the offending party; and |
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[pay the cost of counseling.] |
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(3) May not order any form of counseling that, as a |
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condition of enrollment or participation, includes any of the |
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following: |
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(A) a no-contact order with the aligned parent or |
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any family members; |
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(B) an overnight, out-of-state, or multi-day |
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stay for the child; |
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(C) a transfer of physical or legal custody of |
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the child; |
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(D) the use of private transporters or private |
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transportation agents who engage in the use of force, threats of |
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force, physical obstruction, or any circumstances that place the |
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safety of the child at risk; or |
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(E) the use of threats of physical force, undue |
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coercion, verbal abuse, or the isolation of the child from the |
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child's family, community, education, religion or other sources of |
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support. |
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(b) If a person possessing the requirements of Subsection |
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(a)(1) is not available in the county in which the court presides, |
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the court may appoint a person the court believes is qualified to |
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conduct the counseling ordered under Subsection (a). |
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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 |
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filed on or after that date. |
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SECTION 3. The changes to Section 153.010, Family Code, as |
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amended by this Act, 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. |