H.B. No. 555
 
 
 
 
AN ACT
  relating to the use of parenting plans and parenting coordinators
  in suits affecting the parent-child relationship.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 153.007(d), Family Code, is amended to
  read as follows:
         (d)  If the court finds the agreed parenting plan is not in
  the child's best interest, the court may request the parties to
  submit a revised parenting plan.  If the parties do not submit a
  revised parenting plan satisfactory to the court, [or] the court
  may, after notice and hearing, [render an] order a parenting plan
  that the court finds to be in the best interest of [for the
  conservatorship and possession of] the child.
         SECTION 2.  Section 153.0071, Family Code, is amended by
  adding Subsection (g) to read as follows:
         (g)  The provisions for confidentiality of alternative
  dispute resolution procedures under Chapter 154, Civil Practice and
  Remedies Code, apply equally to the work of a parenting
  coordinator, as defined by Section 153.601, and to the parties and
  any other person who participates in the parenting coordination.
  This subsection does not affect the duty of a person to report abuse
  or neglect under Section 261.101.
         SECTION 3.  Section 153.133(b), Family Code, is amended to
  read as follows:
         (b)  The agreed parenting plan may [must] contain an
  alternative dispute resolution procedure that the parties agree to
  use before requesting enforcement or modification of the terms and
  conditions of the joint conservatorship through litigation, except
  in an emergency.
         SECTION 4.  Subchapter J, Chapter 153, Family Code, is
  amended by amending Sections 153.601, 153.602, and 153.603 and
  adding Section 153.6031 to read as follows:
         Sec. 153.601.  DEFINITIONS.  In this subchapter:
               (1)  "Dispute resolution process" means:
                     (A)  a process of alternative dispute resolution
  conducted in accordance with Section 153.0071 of this chapter and
  Chapter 154, Civil Practice and Remedies Code; or
                     (B)  any other method of voluntary dispute
  resolution.
               (2)  "High-conflict case" means a suit affecting the
  parent-child relationship in which the court finds that the parties
  have demonstrated an unusual degree [demonstrate a pattern] of:
                     (A)  repetitiously resorting to the adjudicative
  process [repetitious litigation];
                     (B)  anger and distrust; and
                     (C)  difficulty in communicating about and
  cooperating in the care of their children[; or
                     [(D)     other behaviors that in the discretion of
  the court warrant the appointment of a parenting coordinator].
               (3)  "Parenting coordinator" means an impartial third
  party appointed by the court on its own motion or on a motion or
  agreement of the parties to assist parties in resolving [issues
  relating to] parenting [and other family] issues [arising from an
  order in a suit affecting the parent-child relationship].
               (4)  "Parenting plan" means the provisions of a
  [temporary or] final court order that:
                     (A)  set [sets] out [the] rights and duties of a
  parent or a person acting as a parent in relation to the child;
                     (B)  provide for periods of possession of and
  access to the child, which may be the terms set out in the standard
  possession order under Subchapter F and any amendments to the
  standard possession order agreed to by the parties or found by the
  court to be in the best interest of the child;
                     (C)  provide for [of parents in a suit affecting
  the parent-child relationship and includes provisions relating to
  conservatorship, possession of and access to a child, and] child
  support; and
                     (D)  optimize the development of a close and
  continuing relationship between each parent and the child [, and a
  dispute resolution process to minimize future disputes].
         Sec. 153.602.  [REQUIREMENT FOR TEMPORARY] PARENTING PLAN
  NOT REQUIRED IN TEMPORARY ORDER.  [(a)]  A temporary order [that
  establishes a conservatorship] in a suit affecting the parent-child
  relationship rendered in accordance with Section 105.001 is not
  required to include [must incorporate] a temporary parenting plan.
  The court may not require the submission of a temporary parenting
  plan in any case or by local rule or practice.  [The temporary
  parenting plan must comply with the requirements for a final
  parenting plan under Section 153.603.
         [(b)     Subject to Subsection (c), if the parties cannot agree
  to a temporary parenting plan, the court may, on the motion of a
  party or on the court's own motion, order the parties to participate
  in a dispute resolution process to establish a temporary parenting
  plan.
         [(c)     At any time before the court orders the parties to
  participate in a dispute resolution process under Subsection (b), a
  party may file a written objection to the referral of the suit to a
  dispute resolution process on the basis of family violence having
  been committed by another party against the objecting party or a
  child who is the subject of the suit. After an objection is filed,
  the suit may not be referred to a dispute resolution process unless,
  on the request of a party, a hearing is held and the court finds that
  a preponderance of the evidence does not support the objection. If
  the suit is referred to a dispute resolution process, the court
  shall order appropriate measures be taken to ensure the physical
  and emotional safety of the party who filed the objection. The
  order may provide that the parties not be required to have
  face-to-face contact and that the parties be placed in separate
  rooms during the dispute resolution process.
         [(d)     If a dispute resolution process is not available or is
  not successful, a party may request and the court may order an
  expedited hearing to establish a temporary parenting plan.]
         Sec. 153.603.  REQUIREMENT OF [FINAL] PARENTING PLAN IN
  FINAL ORDER.  (a)  Except as provided by Subsection (b), a [A] final
  order in a suit affecting the parent-child relationship must
  include [incorporate] a [final] parenting plan. [A final parenting
  plan must:
               [(1)     establish the rights and duties of each parent
  with respect to the child, consistent with the criteria in this
  chapter;
               [(2)     minimize the child's exposure to harmful parental
  conflict;
               [(3)     provide for the child's changing needs as the
  child grows and matures, in a way that minimizes the need for
  further modifications to the final parenting plan; and
               [(4)     provide for a dispute resolution process or other
  voluntary dispute resolution procedures, before court action,
  unless precluded or limited by Section 153.0071.]
         (b)  The following orders are not required to include a
  parenting plan:
               (1)  an order that only modifies child support;
               (2)  an order that only terminates parental rights; or
               (3)  a final order described by Section 155.001(b) [In
  providing for a dispute resolution process, the parenting plan must
  state that:
               [(1)     preference shall be given to carrying out the
  parenting plan; and
               [(2)     the parties shall use the designated process to
  resolve disputes].
         (c)  [If the parties cannot reach agreement on a final
  parenting plan, the court, on the motion of a party or on the
  court's own motion, may order appropriate dispute resolution
  proceedings under Section 153.0071 to determine a final parenting
  plan.
         [(d)]  If the parties have not reached agreement on a final
  parenting plan on or before the 30th day before the date set for
  trial on the merits, a [each] party may [shall] file with the court
  and serve a proposed [final] parenting plan. [Failure by a party to
  comply with this subsection may result in the court's adoption of
  the proposed final parenting plan filed by the opposing party if the
  court finds that plan to be in the best interest of the child.]
         (d)  This section does not preclude the parties from
  requesting the appointment of a parenting coordinator to resolve
  parental conflicts. [(e)     Each party filing a proposed final
  parenting plan must attach:
               [(1)     a verified statement of income determined in
  accordance with the child support guidelines and related provisions
  prescribed by Chapter 154; and
               [(2)     a verified statement that the plan is proposed in
  good faith and is in the best interest of the child.]
         Sec. 153.6031.  EXCEPTION TO DISPUTE RESOLUTION PROCESS
  REQUIREMENT. A requirement in a parenting plan that a party
  initiate or participate in a dispute resolution process before
  filing a court action does not apply to an action:
               (1)  to modify the parenting plan in an emergency;
               (2)  to modify child support;
               (3)  alleging that the child's present circumstances
  will significantly impair the child's physical health or
  significantly impair the child's emotional development;
               (4)  to enforce; or
               (5)  in which the party shows that enforcement of the
  requirement is precluded or limited by Section 153.0071.
         SECTION 5.  Section 153.605, Family Code, is amended to read
  as follows:
         Sec. 153.605.  APPOINTMENT OF PARENTING COORDINATOR. (a)  
  In a suit affecting the parent-child relationship, the court may,
  on its own motion or on a motion or agreement of the parties,
  appoint a parenting coordinator to assist the parties in resolving
  [issues related to] parenting [or other family] issues [in the
  suit].
         (b)  The court may not appoint a parenting coordinator [if
  any party objects] unless, after notice and hearing, the court
  makes a specific finding [findings] that:
               (1)  the case is [or is likely to become] a
  high-conflict case; or
               (2)  there is good cause shown for the appointment of a
  parenting coordinator and the appointment is in the best interest
  of any minor child in the suit.
         (c)  Notwithstanding any other provision of this subchapter,
  a party may at any time [prior to the appointment of a parenting
  coordinator] file a written objection to the appointment of a
  parenting coordinator on the basis of family violence having been
  committed by another party against the objecting party or a child
  who is the subject of the suit. After an objection is filed, a
  parenting coordinator may not be appointed unless, on the request
  of a party, a hearing is held and the court finds that a
  preponderance of the evidence does not support the objection. If a
  parenting coordinator is appointed, the court shall order
  appropriate measures be taken to ensure the physical and emotional
  safety of the party who filed the objection. The order may provide
  that the parties not be required to have face-to-face contact and
  that the parties be placed in separate rooms during the parenting
  coordination.
         SECTION 6.  The heading to Section 153.606, Family Code, is
  amended to read as follows:
         Sec. 153.606.  DUTIES [AUTHORITY] OF PARENTING COORDINATOR.
         SECTION 7.  Sections 153.606(a) and (c), Family Code, are
  amended to read as follows:
         (a)  The duties [authority] of a parenting coordinator must
  be specified in the order appointing the parenting coordinator.
  The duties of the parenting coordinator are [and] limited to
  matters that will aid the parties in:
               (1)  identifying disputed issues;
               (2)  reducing misunderstandings;
               (3)  clarifying priorities;
               (4)  exploring possibilities for problem solving;
               (5)  developing methods of collaboration in parenting;
               (6)  understanding parenting plans and reaching
  agreements about parenting issues to be included in a parenting
  plan [developing a parenting plan]; and
               (7)  complying with the court's order regarding
  conservatorship or possession of and access to the child.
         (c)  The parenting coordinator may not modify any order,
  judgment, or decree [but may urge or suggest that the parties agree
  to minor temporary departures from a parenting plan if the
  parenting coordinator is authorized by the court to do so]. If a
  suit is pending, any [Any] agreement made by the parties with the
  assistance of [and] the parenting coordinator must [may] be reduced
  to writing, signed by the parties and their attorneys, if any, and
  filed with [presented to] the court [for approval].
         SECTION 8.  Section 153.607(b), Family Code, is amended to
  read as follows:
         (b)  The court shall [may] remove the parenting coordinator:
               (1)  on the request and agreement of both parties; or
               (2)  on the motion of a party, if good cause is shown.
         SECTION 9.  Section 153.608, Family Code, is amended to read
  as follows:
         Sec. 153.608.  REPORT OF PARENTING COORDINATOR.  A parenting
  coordinator shall submit a written report to the court and to the
  parties as often as ordered by the court. The [In the] report must
  be limited to a statement of[, the parenting coordinator may give
  only an opinion regarding] whether the parenting coordination [is
  succeeding and] should continue.
         SECTION 10.  Sections 153.609(a) and (c), Family Code, are
  amended to read as follows:
         (a)  A court may not appoint a parenting coordinator, other
  than a domestic relations office or a comparable county agency
  appointed under [an employee described by] Subsection (c) or a
  volunteer appointed under Subsection (d), unless, after notice and
  hearing, the court finds that the parties have the means to pay the
  fees of the parenting coordinator.
         (c)  Public funds may not be used to pay the fees of a
  parenting coordinator. Notwithstanding this prohibition, a court
  may appoint [an employee of the court,] the domestic relations
  office[,] or a comparable county agency to act as a parenting
  coordinator if personnel are available to serve that function.
         SECTION 11.  The following are repealed:
               (1)  Section 153.604, Family Code; and
               (2)  Sections 153.606(e) and (f), Family Code.
         SECTION 12.  The changes in law made by this Act apply 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 13.  This Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 555 was passed by the House on May 10,
  2007, by the following vote:  Yeas 143, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 555 was passed by the Senate on May
  22, 2007, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor