89R22579 AMF-D
By: Hull, Orr, Slawson, Holt, Dutton H.B. No. 3783
Substitute the following for H.B. No. 3783:
By: Leach C.S.H.B. No. 3783
A BILL TO BE ENTITLED
AN ACT
relating to court-ordered counseling in certain suits affecting the
parent-child relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 153.010, Family Code, is amended by
amending Subsection (a) and adding Subsections (c) and (d) to read
as follows:
(a) Subject to Subsections (c) and (d), if [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:
(1) [(A)] has a background in family therapy;
(2) [(B)] has a mental health license that requires as
a minimum a master's degree; and
(3) [(C)] has training in the dynamics of family
[domestic] violence if the court determines that the training is
relevant to the type of counseling needed[; and
[(2) pay the cost of counseling].
(c) In determining whether to order a party to participate
in counseling under Subsection (a), the court shall consider
evidence of family violence or sexual abuse in accordance with
Section 153.004. If credible evidence of family violence or sexual
abuse is presented, the court may not order counseling in which a
victim of the violence or abuse participates in counseling sessions
together with the perpetrator of the violence or abuse.
(d) A court may not order a party to participate in
counseling under Subsection (a) in which the person conducting the
counseling requires:
(1) the isolation of a child who is the subject of the
suit from the child's family, school, religious community, other
community, or other sources of support, including by prohibiting or
preventing the child from contacting a parent or other family
member;
(2) a child who is the subject of the suit to stay
overnight or for multiple days in an out-of-state location or other
location, regardless of whether the child is accompanied by a
parent or other family member;
(3) the transportation of a child who is the subject of
the suit to a location by force, threat of force, undue coercion, or
other action that places the child's safety at risk;
(4) a temporary or permanent change in the periods of
possession of or access to a child who is the subject of the suit to
which a conservator of the child would otherwise be entitled; or
(5) the use of force, threat of force, undue coercion,
or verbal abuse against a child who is the subject of the suit.
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 that
is filed on or after the effective date of this Act.
SECTION 3. The change in law made by this Act to Section
153.010, Family Code, 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.