By: Hull H.B. No. 3783
A BILL TO BE ENTITLED
AN ACT
relating to court-ordered counseling in a suit affecting the
parent-child relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 153, Family Code, is
amended by amending Sections 153.010 to read as follows:
Sec. 153.010. ORDER FOR FAMILY COUNSELING. (a) If the
court finds at the time of a hearing that the parties have a history
of conflict in resolving an issue of conservatorship or possession
of or access to the child, the court may order a party to:
(1) participate in counseling with a mental health
professional who:
(A) has a background in family therapy;
(B) has a mental health license that requires as
a minimum a master's degree; and
(C) has training in the dynamics of family
violence; [domestic violence if the court determines that the
training is relevant to the type of counseling needed; and]
(2) Shall consider the history of domestic violence or
sexual abuse as outlined in Section 153.004 of the Texas Family Code
in determining whether to order family counseling. If such
evidence exists, the victim(s) of the abuse shall not be ordered to
participate in any type of counseling with the offending party; and
[pay the cost of counseling.]
(3) May not order any form of counseling that, as a
condition of enrollment or participation, includes any of the
following:
(A) a no-contact order with the aligned parent or
any family members;
(B) an overnight, out-of-state, or multi-day
stay for the child;
(C) a transfer of physical or legal custody of
the child;
(D) the use of private transporters or private
transportation agents who engage in the use of force, threats of
force, physical obstruction, or any circumstances that place the
safety of the child at risk; or
(E) the use of threats of physical force, undue
coercion, verbal abuse, or the isolation of the child from the
child's family, community, education, religion or other sources of
support.
(b) If a person possessing the requirements of Subsection
(a)(1) is not available in the county in which the court presides,
the court may appoint a person the court believes is qualified to
conduct the counseling ordered under Subsection (a).
SECTION 2. Section 153.010, Family Code, as amended 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
filed on or after that date.
SECTION 3. The changes to Section 153.010, Family Code, as
amended by this Act, constitutes a material and substantial change
of circumstances sufficient to warrant modification of a court
order or portion of a decree that provides for the possession of or
access to a child rendered before the effective date of this Act.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.