By: Phillips, Gonzalez Toureilles, Escobar Senate Sponsor-Harris	H.B. No. 555
	(In the Senate - Received from the House May 11, 2007;
	May 15, 2007, read first time and referred to Committee on
	Jurisprudence; May 19, 2007, reported favorably by the following
	vote:  Yeas 4, Nays 0; May 19, 2007, sent to printer.)

	A BILL TO BE ENTITLED
	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.
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