HB 3783

AN ACT relating to court-ordered counseling in a suit affecting the

House Bill Hull | Orr | Slawson | Holt | Dutton
Filed

Filed

Bill introduced by legislator

Committee

Hearing

Passed Cmte

Calendar

Passed

Sent

Enrolled

Governor

Signed

89th Regular Session

Jan 14, 2025 - Jun 2, 2025 • Session ended

Awaiting Committee Assignment

Bill filed, pending referral to House committee

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What This Bill Does

Modifies court-ordered family counseling in child custody cases, requiring counselors to have specific qualifications including family therapy background and training in domestic violence dynamics. The legislation prohibits mandating counseling that includes potentially harmful conditions like no-contact orders, custody transfers, or using transporters who might physically threaten children, and explicitly requires courts to consider domestic violence history, ensuring victims are not forced to counsel with their abusers.

Subject Areas

Bill Text

relating to court-ordered counseling in a suit affecting the
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Subchapter A, Chapter 153, Family Code, is
amended by amending Sections 153.010 to read as follows:
Sec. 153.010.  ORDER FOR FAMILY COUNSELING.  (a)  If the
court finds at the time of a hearing that the parties have a history
of conflict in resolving an issue of conservatorship or possession
of or access to the child, the court may order a party to:
(1)  participate in counseling with a mental health
(A)  has a background in family therapy;
(B)  has a mental health license that requires as
a minimum a master's degree; and
(C)  has training in the dynamics of family
violence; [domestic violence if the court determines that the
training is relevant to the type of counseling needed; and]
(2)  Shall consider the history of domestic violence or
sexual abuse as outlined in Section 153.004 of the Texas Family Code
in determining whether to order family counseling.  If such
evidence exists, the victim(s) of the abuse shall not be ordered to
participate in any type of counseling with the offending party; and
(3)  May not order any form of counseling that, as a
condition of enrollment or participation, includes any of the
(A)  a no-contact order with the aligned parent or
(B)  an overnight, out-of-state, or multi-day
(C)  a transfer of physical or legal custody of
(D)  the use of private transporters or private
transportation agents who engage in the use of force, threats of
force, physical obstruction, or any circumstances that place the
safety of the child at risk; or
(E)  the use of threats of physical force, undue
coercion,  verbal abuse, or the isolation of the child from the
child's  family, community, education, religion or other sources of
(b)  If a person possessing the requirements of Subsection
(a)(1) is not available in the county in which the court presides,
the court may appoint a person the court believes is qualified to
conduct the counseling ordered under Subsection (a).
SECTION 2.  Section 153.010, Family Code, as amended by this
Act, applies to a suit affecting the parent-child relationship that
is pending in a trial court on the effective date of this Act or
SECTION 3.  The changes to Section 153.010, Family Code, as
amended by this Act, constitutes a material and substantial change
of circumstances sufficient to warrant modification of a court
order or portion of a decree that provides for the possession of or
access to a child rendered before the effective date of this Act.
SECTION 4.  This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution.  If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.

Bill History

filed

Bill filed: AN ACT relating to court-ordered counseling in a suit affecting the