Texas 2009 - 81st Regular

Texas House Bill HB480 Compare Versions

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1	1	81R4682 JSC-D
2	2	By: Chisum, et al. H.B. No. 480
3	3	Substitute the following for H.B. No. 480:
4	4	By: Hughes C.S.H.B. No. 480
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to marriage education courses for certain couples filing
10	10	for divorce on the grounds of insupportability.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter E, Chapter 6, Family Code, is amended
13	13	by adding Section 6.4025 to read as follows:
14	14	Sec. 6.4025. CRISIS MARRIAGE EDUCATION REQUIRED IN CERTAIN
15	15	SUITS. (a) This section applies to a suit for dissolution of
16	16	marriage filed on the grounds of insupportability and in which the
17	17	household of one of the parties is the primary residence for:
18	18	(1) a child under the age of 18;
19	19	(2) a child 18 years of age who is attending high
20	20	school; or
21	21	(3) an adult disabled child as described by Section
22	22	154.302.
23	23	(b) Except as provided by Subsection (d), a petition in a
24	24	suit for dissolution of a marriage must be accompanied by a
25	25	completion certificate for a crisis marriage education course under
26	26	Section 6.412 completed by the petitioner not more than 60 days
27	27	before the date the petition is filed.
28	28	(c) Not later than the 60th day after the date the
29	29	respondent receives notice of the suit for dissolution of marriage,
30	30	the respondent may file with the court a completion certificate for
31	31	a crisis marriage education course under Section 6.412 completed by
32	32	the respondent not more than 60 days before the date the petition is
33	33	filed.
34	34	(d) If a party submits evidence under Subsection (e), the
35	35	court may not:
36	36	(1) require a completion certificate for a crisis
37	37	marriage education course to be submitted with the petition; or
38	38	(2) consider the completion of the crisis marriage
39	39	education course as a factor in rendering an order affecting the
40	40	rights or responsibilities of the parties.
41	41	(e) Either party may submit to the court the following
42	42	evidence that the other party to the suit has committed family
43	43	violence against the party or mentally, emotionally, verbally, or
44	44	psychologically abused the party:
45	45	(1) a copy of a protective order issued under Title 4
46	46	against the other party because of family violence;
47	47	(2) a police record documenting family violence by the
48	48	other party against the party submitting the evidence;
49	49	(3) a statement by a physician or other medical
50	50	evidence that indicates that the party submitting the evidence was
51	51	a victim of family violence; or
52	52	(4) a sworn statement by a counselor or advocate in a
53	53	family violence program that indicates that the party submitting
54	54	the evidence was a victim of family violence or mental, emotional,
55	55	verbal, or psychological abuse.
56	56	SECTION 2. Subchapter E, Chapter 6, Family Code, is amended
57	57	by adding Section 6.412 to read as follows:
58	58	Sec. 6.412. CRISIS MARRIAGE EDUCATION COURSES. (a) Each
59	59	party to a suit for dissolution of a marriage is encouraged to
60	60	attend a crisis marriage education course of at least 10 hours,
61	61	completed within a 30-day period. The goal of the course, and the
62	62	focus of each component of the course, is marriage restoration.
63	63	(b) A crisis marriage education course must, at a minimum,
64	64	include instruction in:
65	65	(1) conflict management;
66	66	(2) communication skills; and
67	67	(3) forgiveness skills.
68	68	(c) A course under this section should be offered by
69	69	instructors trained and certified in a skills-based and
70	70	research-based marriage curriculum. The following individuals and
71	71	organizations may provide courses:
72	72	(1) marriage educators;
73	73	(2) clergy or their designees;
74	74	(3) licensed mental health professionals;
75	75	(4) faith-based organizations; and
76	76	(5) community-based organizations.
77	77	(d) A person who takes a course under this section shall pay
78	78	any fee charged for the course.
79	79	(e) A person who provides a marriage education course shall
80	80	provide a signed and dated completion certificate to each person
81	81	who completes the course. The certificate must include the name of
82	82	the course, the name of the course provider, and the completion
83	83	date.
84	84	(f) The Health and Human Services Commission shall maintain
85	85	an Internet website on which individuals and organizations
86	86	described by Subsection (c) may electronically register with the
87	87	commission to indicate the skills-based and research-based
88	88	curriculum in which the registrant is certified. The executive
89	89	commissioner shall notify each county clerk and district clerk
90	90	about the website. The clerk of the court in which a petition for
91	91	dissolution of a marriage based on insupportability is filed shall
92	92	give the person filing the petition information about the website
93	93	along with the location of libraries or other resource centers that
94	94	provide access to the Internet.
95	95	SECTION 3. Section 7.002, Family Code, is amended by adding
96	96	Subsection (d) to read as follows:
97	97	(d) In ordering a division of the estate of parties subject
98	98	to Section 6.4025, the court shall consider whether a party has
99	99	filed with the court a completion certificate for a crisis marriage
100	100	education course under Section 6.412 completed by the party not
101	101	more than 60 days before the date the petition for dissolution of
102	102	marriage is filed.
103	103	SECTION 4. Section 8.052, Family Code, is amended to read as
104	104	follows:
105	105	Sec. 8.052. FACTORS IN DETERMINING MAINTENANCE. A court
106	106	that determines that a spouse is eligible to receive maintenance
107	107	under this chapter shall determine the nature, amount, duration,
108	108	and manner of periodic payments by considering all relevant
109	109	factors, including:
110	110	(1) the financial resources of the spouse seeking
111	111	maintenance, including the community and separate property and
112	112	liabilities apportioned to that spouse in the dissolution
113	113	proceeding, and that spouse's ability to meet the spouse's needs
114	114	independently;
115	115	(2) the education and employment skills of the
116	116	spouses, the time necessary to acquire sufficient education or
117	117	training to enable the spouse seeking maintenance to find
118	118	appropriate employment, the availability of that education or
119	119	training, and the feasibility of that education or training;
120	120	(3) the duration of the marriage;
121	121	(4) the age, employment history, earning ability, and
122	122	physical and emotional condition of the spouse seeking maintenance;
123	123	(5) the ability of the spouse from whom maintenance is
124	124	requested to meet that spouse's personal needs and to provide
125	125	periodic child support payments, if applicable, while meeting the
126	126	personal needs of the spouse seeking maintenance;
127	127	(6) acts by either spouse resulting in excessive or
128	128	abnormal expenditures or destruction, concealment, or fraudulent
129	129	disposition of community property, joint tenancy, or other property
130	130	held in common;
131	131	(7) the comparative financial resources of the
132	132	spouses, including medical, retirement, insurance, or other
133	133	benefits, and the separate property of each spouse;
134	134	(8) the contribution by one spouse to the education,
135	135	training, or increased earning power of the other spouse;
136	136	(9) the property brought to the marriage by either
137	137	spouse;
138	138	(10) the contribution of a spouse as homemaker;
139	139	(11) marital misconduct of the spouse seeking
140	140	maintenance; [and]
141	141	(12) the efforts of the spouse seeking maintenance to
142	142	pursue available employment counseling as provided by Chapter 304,
143	143	Labor Code; and
144	144	(13) if the suit for dissolution was subject to
145	145	Section 6.4025, whether either spouse has filed with the court a
146	146	completion certificate for a crisis marriage education course under
147	147	Section 6.412 completed by the spouse not more than 60 days before
148	148	the date the petition for dissolution of marriage is filed.
149	149	SECTION 5. Subchapter A, Chapter 153, Family Code, is
150	150	amended by adding Section 153.0035 to read as follows:
151	151	Sec. 153.0035. CONSIDERATION OF COMPLETION OF CRISIS
152	152	MARRIAGE EDUCATION COURSE. In determining whether to appoint a
153	153	party as a sole or joint managing conservator, the court shall
154	154	consider whether a party in a suit subject to Section 6.4025 has
155	155	filed with the court a completion certificate for a crisis marriage
156	156	education course under Section 6.412 completed by the party not
157	157	more than 60 days before the date the petition for dissolution of
158	158	marriage is filed.
159	159	SECTION 6. Section 154.123(b), Family Code, is amended to
160	160	read as follows:
161	161	(b) In determining whether application of the guidelines
162	162	would be unjust or inappropriate under the circumstances, the court
163	163	shall consider evidence of all relevant factors, including:
164	164	(1) the age and needs of the child;
165	165	(2) the ability of the parents to contribute to the
166	166	support of the child;
167	167	(3) any financial resources available for the support
168	168	of the child;
169	169	(4) the amount of time of possession of and access to a
170	170	child;
171	171	(5) the amount of the obligee's net resources,
172	172	including the earning potential of the obligee if the actual income
173	173	of the obligee is significantly less than what the obligee could
174	174	earn because the obligee is intentionally unemployed or
175	175	underemployed and including an increase or decrease in the income
176	176	of the obligee or income that may be attributed to the property and
177	177	assets of the obligee;
178	178	(6) child care expenses incurred by either party in
179	179	order to maintain gainful employment;
180	180	(7) whether either party has the managing
181	181	conservatorship or actual physical custody of another child;
182	182	(8) the amount of alimony or spousal maintenance
183	183	actually and currently being paid or received by a party;
184	184	(9) the expenses for a son or daughter for education
185	185	beyond secondary school;
186	186	(10) whether the obligor or obligee has an automobile,
187	187	housing, or other benefits furnished by his or her employer,
188	188	another person, or a business entity;
189	189	(11) the amount of other deductions from the wage or
190	190	salary income and from other compensation for personal services of
191	191	the parties;
192	192	(12) provision for health care insurance and payment
193	193	of uninsured medical expenses;
194	194	(13) special or extraordinary educational, health
195	195	care, or other expenses of the parties or of the child;
196	196	(14) the cost of travel in order to exercise
197	197	possession of and access to a child;
198	198	(15) positive or negative cash flow from any real and
199	199	personal property and assets, including a business and investments;
200	200	(16) debts or debt service assumed by either party;
201	201	[and]
202	202	(17) if the obligee and obligor were parties in a suit
203	203	subject to Section 6.4025, whether either party has filed with the
204	204	court a completion certificate for a crisis marriage education
205	205	course under Section 6.412 completed by the party not more than 60
206	206	days before the date the petition for dissolution of marriage is
207	207	filed; and
208	208	(18) any other reason consistent with the best
209	209	interest of the child, taking into consideration the circumstances
210	210	of the parents.
211	211	SECTION 7. The change in law made by this Act applies only
212	212	to a suit for dissolution of a marriage filed on or after the
213	213	effective date of this Act. A suit for dissolution of a marriage
214	214	filed before the effective date of this Act is governed by the law
215	215	in effect on the date the suit was filed, and the former law is
216	216	continued in effect for that purpose.
217	217	SECTION 8. This Act takes effect September 1, 2010.