Texas 2025 - 89th Regular

Texas House Bill HB3783 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Hull H.B. No. 3783
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to court-ordered counseling in a suit affecting the
9	9	parent-child relationship.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter A, Chapter 153, Family Code, is
12	12	amended by amending Sections 153.010 to read as follows:
13	13	Sec. 153.010. ORDER FOR FAMILY COUNSELING. (a) If the
14	14	court finds at the time of a hearing that the parties have a history
15	15	of conflict in resolving an issue of conservatorship or possession
16	16	of or access to the child, the court may order a party to:
17	17	(1) participate in counseling with a mental health
18	18	professional who:
19	19	(A) has a background in family therapy;
20	20	(B) has a mental health license that requires as
21	21	a minimum a master's degree; and
22	22	(C) has training in the dynamics of family
23	23	violence; [domestic violence if the court determines that the
24	24	training is relevant to the type of counseling needed; and]
25	25	(2) Shall consider the history of domestic violence or
26	26	sexual abuse as outlined in Section 153.004 of the Texas Family Code
27	27	in determining whether to order family counseling. If such
28	28	evidence exists, the victim(s) of the abuse shall not be ordered to
29	29	participate in any type of counseling with the offending party; and
30	30	[pay the cost of counseling.]
31	31	(3) May not order any form of counseling that, as a
32	32	condition of enrollment or participation, includes any of the
33	33	following:
34	34	(A) a no-contact order with the aligned parent or
35	35	any family members;
36	36	(B) an overnight, out-of-state, or multi-day
37	37	stay for the child;
38	38	(C) a transfer of physical or legal custody of
39	39	the child;
40	40	(D) the use of private transporters or private
41	41	transportation agents who engage in the use of force, threats of
42	42	force, physical obstruction, or any circumstances that place the
43	43	safety of the child at risk; or
44	44	(E) the use of threats of physical force, undue
45	45	coercion, verbal abuse, or the isolation of the child from the
46	46	child's family, community, education, religion or other sources of
47	47	support.
48	48	(b) If a person possessing the requirements of Subsection
49	49	(a)(1) is not available in the county in which the court presides,
50	50	the court may appoint a person the court believes is qualified to
51	51	conduct the counseling ordered under Subsection (a).
52	52	SECTION 2. Section 153.010, Family Code, as amended by this
53	53	Act, applies to a suit affecting the parent-child relationship that
54	54	is pending in a trial court on the effective date of this Act or
55	55	filed on or after that date.
56	56	SECTION 3. The changes to Section 153.010, Family Code, as
57	57	amended by this Act, constitutes a material and substantial change
58	58	of circumstances sufficient to warrant modification of a court
59	59	order or portion of a decree that provides for the possession of or
60	60	access to a child rendered before the effective date of this Act.
61	61	SECTION 4. This Act takes effect immediately if it receives
62	62	a vote of two-thirds of all the members elected to each house, as
63	63	provided by Section 39, Article III, Texas Constitution. If this
64	64	Act does not receive the vote necessary for immediate effect, this
65	65	Act takes effect September 1, 2025.