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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 couples considering |
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divorce and the waiting period for a divorce on the grounds of |
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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 6.412 to read as follows: |
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Sec. 6.412. CRISIS MARRIAGE EDUCATION COURSES. (a) Each |
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couple that files a suit for dissolution of a marriage is encouraged |
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to attend a crisis marriage education course of at least 10 hours, |
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completed within a 48-hour period. The goal of the course, and the |
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focus of each component of the course, 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; and |
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(3) forgiveness skills. |
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(c) A course under this section should be offered by |
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instructors trained and certified in a skill-based marriage |
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curriculum. The following individuals and organizations may |
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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 couple that takes a course under this section shall |
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pay any fee charged for the course. A couple that is unable to pay |
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the course fee may apply for a scholarship under this subsection. |
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The executive commissioner of health and human services by rule |
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shall provide for the establishment of a scholarship program funded |
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by money available under the federal Temporary Assistance for Needy |
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Families block grant during each state fiscal biennium to fund |
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programs that support the development of healthy marriages or |
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strengthen families. The executive commissioner shall establish |
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guidelines that use a sliding scale if practicable. In awarding |
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scholarships, the Health and Human Services Commission shall give |
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equal consideration to courses provided by secular and faith-based |
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programs. |
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(e) A person who provides a marriage education course shall |
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provide a signed and dated completion certificate to each couple |
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that completes the course. The certificate must include the name of |
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the course, the name of the course provider, and the completion |
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date. |
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SECTION 2. Section 6.702, Family Code, is amended by |
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amending Subsection (a) and adding Subsections (c) and (d) to read |
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as follows: |
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(a) Except as provided by Subsection (c), the [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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(c) The court may not grant a divorce on the grounds of |
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insupportability before: |
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(1) the second anniversary of the date the suit was |
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filed; or |
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(2) the 60th day after the date the suit was filed, if: |
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(A) the parties submit to the court a certificate |
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of completion of a crisis marriage education course under Section |
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6.412; or |
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(B) one of the parties to the suit has obtained a |
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protective order under Title 4 against the other party because of |
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family violence. |
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(d) A decree rendered in violation of Subsection (a) or (c) |
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is not subject to collateral attack. |
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SECTION 3. 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 4. This Act takes effect September 1, 2007. |
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COMMITTEE AMENDMENT NO. |
1 |
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Amend H.B. No. 2684 on page 3 by striking lines 5-11 and |
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substituting the following: |
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(2) the 60th day after the date the suit was filed, if: |
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(A) the parties submit to the court a certificate |
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of completion of a crisis marriage education course under Section |
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6.412; or |
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(B) a party submits to the court evidence that |
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the other party to the suit has committed family violence against |
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the party, including: |
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(i) a copy of a protective order issued |
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under Title 4 against the other party because of family violence; |
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(ii) a police record documenting family |
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violence by the other party against the party submitting the |
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evidence; or |
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(iii) a statement by a physician or other |
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medical evidence that indicates that the party submitting the |
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evidence was a victim of family violence. |
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80R12853 MCK-DFlynn |