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A BILL TO BE ENTITLED
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AN ACT
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relating to marriage education courses for certain couples |
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filing |
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for divorce on the grounds of insupportability. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 6, Family Code, is amended |
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by adding Section 6.4025 to read as follows: |
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Sec. 6.4025. CRISIS MARRIAGE EDUCATION REQUIRED IN CERTAIN |
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SUITS. (a) This section applies to a suit for dissolution of |
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marriage that is filed on the grounds of insupportability and in |
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which the household of one of the parties is the primary residence |
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for: |
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(1) a child under the age of 18; |
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(2) a child 18 years of age who is attending high |
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school; or |
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(3) an adult disabled child as described by Section |
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154.302. |
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(b) Except as provided by Subsection (d), a petition in a |
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suit for dissolution of a marriage must be accompanied by a |
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completion certificate for a crisis marriage education course under |
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Section 6.412 completed by the petitioner not less than 60 days or |
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more than one year before the date the petition is filed. |
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(c) Not later than the 60th day after the date the |
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respondent receives notice of the suit for dissolution of marriage, |
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the respondent may file with the court a completion certificate for |
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a crisis marriage education course under Section 6.412 completed by |
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the respondent not more than 60 days before the date the petition is |
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filed. |
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(d) If a party submits evidence under Subsection (e), the |
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court may not: |
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(1) require a completion certificate for a crisis |
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marriage education course to be submitted with the petition; or |
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(2) consider the completion of the crisis marriage |
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education course as a factor in rendering an order affecting the |
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rights or responsibilities of the parties. |
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(e) Either party may submit to the court any of the |
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following as evidence that the other party to the suit has committed |
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family violence against the party or mentally, emotionally, |
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verbally, or psychologically abused the party: |
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(1) a copy of a protective order issued under Title 4 |
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against the other party because of family violence; |
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(2) a police record documenting family violence by the |
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other party against the party submitting the evidence; |
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(3) a statement by a physician or other medical |
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evidence that indicates that the party submitting the evidence was |
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a victim of family violence; or |
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(4) a sworn statement by a counselor or advocate in a |
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family violence program that indicates that the party submitting |
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the evidence was a victim of family violence or mental, emotional, |
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verbal, or psychological abuse. |
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SECTION 2. Subchapter E, Chapter 6, Family Code, is amended |
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by adding Section 6.412 to read as follows: |
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Sec. 6.412. CRISIS MARRIAGE EDUCATION COURSES. (a) Each |
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party to a suit for dissolution of a marriage is encouraged to |
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attend a crisis marriage education course of at least 10 hours. The |
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goal of the course, and the focus of each component of the course, |
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is marriage restoration. |
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(b) A crisis marriage education course must, at a minimum, |
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include instruction in: |
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(1) conflict management; |
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(2) communication skills; |
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(3) forgiveness skills; and |
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(4) research-based potential effects of divorce on |
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children and the parties to a divorce. |
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(c) A course under this section should be offered by |
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instructors trained and certified in a skills-based and |
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research-based marriage curriculum. The following individuals and |
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organizations may provide courses: |
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(1) marriage educators; |
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(2) clergy or their designees; |
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(3) licensed mental health professionals; |
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(4) faith-based organizations; and |
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(5) community-based organizations. |
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(d) A person who takes a course under this section shall pay |
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any fee charged for the course. |
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(e) A person who provides a crisis marriage education course |
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shall provide a signed and dated completion certificate to each |
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person who completes the course. The certificate must include the |
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name of the course, the name of the course provider, and the |
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completion date. |
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(f) The Health and Human Services Commission shall maintain |
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an Internet website on which individuals and organizations |
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described by Subsection (c) may electronically register with the |
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commission to indicate the skills-based and research-based |
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curriculum in which the registrant is certified. The executive |
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commissioner of the Health and Human Services Commission shall |
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notify each county clerk and district clerk about the website. The |
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clerk of the court in which a petition for dissolution of a marriage |
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based on insupportability is filed shall give the person filing the |
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petition information about the website along with the location of |
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libraries or other resource centers that provide access to the |
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Internet. |
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SECTION 3. Section 6.702, Family Code, is amended by |
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amending Subsection (a) and adding Subsections (d) and (e) to read |
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as follows: |
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(a) Except as provided by Subsection (c) or (d), the court |
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may not grant a divorce before the 60th day after the date the suit |
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was filed. [A decree rendered in violation of this subsection is
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not subject to collateral attack.] |
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(d) The court may not grant a divorce on the grounds of |
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insupportability before: |
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(1) the 275th day after the date the suit was filed; or |
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(2) the 60th day after the date the suit was filed, if |
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each party submits to the court a completion certificate for a |
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crisis marriage education course under Section 6.412. |
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(e) A decree rendered in violation of Subsection (a) or (d) |
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is not subject to collateral attack. |
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SECTION 4. The change in law made by this Act applies only |
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to a suit for dissolution of a marriage filed on or after the |
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effective date of this Act. A suit for dissolution of a marriage |
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filed before the effective date of this Act is governed by the law |
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in effect on the date the suit was filed, and the former law is |
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continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2013. |