HB 3783
AN ACT relating to court-ordered counseling in a suit affecting the
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to House committee
Committee
Not yet assigned
Fiscal Note
Not available
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
Bill filed: AN ACT relating to court-ordered counseling in a suit affecting the
Related Guides
Learn more about tracking Texas legislation and working with lobbyists.
How to Read & Track Texas Bills
Master bill numbering, understand legislative language, and learn effective tracking strategies.
Understanding Texas Legislative Deadlines
Navigate the 140-day session with critical calendar dates and filing deadlines.
How Laws Get Made in Texas
Follow a bill's journey from filing to the governor's desk through committees and floor votes.
When Should Your Business Hire a Lobbyist?
Discover the signs that your business needs professional advocacy at the Texas Capitol.