89th Legislature

HB 3783

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest

HB 3783 seeks to enhance protections for children and abuse survivors during family law proceedings by amending Section 153.010 of the Texas Family Code. Specifically, the bill regulates how and when courts can order counseling in suits affecting the parent-child relationship, particularly in cases involving conflict between parties over conservatorship or visitation rights. The bill is responsive to concerns that court-ordered counseling, in some cases, has been used in ways that isolate or harm children or force victims to interact with their abusers.

Under the revised statute, courts may continue to order counseling with qualified mental health professionals when high-conflict situations exist, but they must now consider credible evidence of family violence or sexual abuse before making such an order. Importantly, the bill prohibits courts from requiring joint counseling sessions between victims and alleged perpetrators of abuse. It also bars courts from mandating counseling programs that involve isolating children from support systems, relocating children out of state, using coercive or threatening transportation methods, altering visitation arrangements, or applying undue psychological pressure on children.

The legislation applies to all suits pending or filed on or after its effective date and explicitly states that the changes it makes constitute a “material and substantial change of circumstances.” This designation is significant in family law, as it enables affected parties to seek a modification of existing court orders based on the new provisions. The Committee Substitute therefore provides both forward-looking and retroactive protections to ensure children and parents are not subjected to harmful or inappropriate counseling mandates during legal disputes.

The Committee Substitute retains the core purpose of the originally filed bill—to limit and define how courts may order counseling in suits affecting the parent-child relationship—but introduces important structural, stylistic, and legal refinements that improve clarity and enforceability. While the original bill consolidated most provisions into a single, dense subsection, the substitute bill reorganizes the text into multiple subsections (namely, (a), (c), and (d)), separating the criteria for ordering counseling, considerations regarding abuse, and a list of prohibited practices. This restructuring aligns the bill with the Texas Legislative Council's drafting standards and makes the statute easier to interpret and apply in court.

One of the most notable improvements in the substitute version is the clearer articulation of protections for abuse victims. Whereas the original bill stated that victims “shall not be ordered” into counseling with the offender if there is a history of family violence or sexual abuse, the committee substitute rephrases this more definitively and directly: courts “may not order counseling in which a victim… participates… with the perpetrator.” This modification simplifies the language and emphasizes the protective intent of the statute, while referencing existing law under Section 153.004 of the Family Code to ensure legal consistency.

Additionally, the substitute version refines and slightly reorganizes the list of prohibited counseling practices. While both versions prohibit similar actions—such as isolating children from support systems, using forceful transport, or imposing unauthorized custody changes—the substitute separates these into clearly numbered subclauses and improves phrasing to avoid redundancy or interpretive confusion. By removing less precise language (such as “as a condition of enrollment”) and specifying what types of conduct are categorically disallowed, the substitute version strengthens judicial guidance and enforceability.

In summary, the Committee Substitute preserves the original bill’s protective aims while enhancing its legal clarity and structure. The result is a more precise, readable, and aligned legislative product that better supports the rights of children and abuse victims in family law proceedings.

Author
Lacey Hull
Angelia Orr
Shelby Slawson
Janis Holt
Harold Dutton
Co-Author
Josey Garcia
Donna Howard
Penny Morales Shaw
Sponsor
Tan Parker
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 3783 is not anticipated to have a significant fiscal impact on the state. The bill primarily modifies statutory requirements for courts when ordering counseling in suits affecting the parent-child relationship, including counselor qualifications, the need to consider family violence, and prohibiting certain practices deemed coercive or harmful. These provisions are expected to be administratively manageable within existing judicial resources​.

The Office of Court Administration (OCA) reports that while the bill imposes new procedural considerations on judges, such as evaluating abuse claims and ensuring compliance with the specified counseling restrictions, these are not expected to result in measurable additional costs to the state court system. Courts already engage in similar evaluative functions under current family law provisions, and the added statutory language largely codifies best practices rather than creating new obligations that would require significant funding or staffing increases.

However, the bill may have fiscal implications for local governments. Since the bill explicitly allows past court orders to be modified on the basis of its newly enacted provisions—by treating them as a “material and substantial change of circumstances”—the OCA notes that it could result in an increase in motions to modify existing orders. While this could increase local court caseloads and associated administrative work, the precise fiscal impact is indeterminate and would likely vary by jurisdiction depending on the volume of applicable cases.

In summary, while HB 3783 may lead to some localized increases in judicial activity related to case modifications, it is not expected to impose significant costs on the state as a whole, and any impact on local governments is too uncertain to quantify at this time.

Vote Recommendation Notes

HB 3783 offers a targeted and thoughtful response to concerns about coercive and potentially harmful counseling practices in family court cases, particularly those affecting children in high-conflict custody disputes. It strengthens statutory safeguards by prohibiting courts from ordering counseling that involves isolating children from their families, subjecting them to force or coercion, or placing them in counseling sessions with an alleged perpetrator of abuse. Importantly, the bill does not eliminate the court’s authority to order family therapy—it simply ensures that such therapy is safe, evidence-informed, and respectful of the rights of all parties.

The bill also reinforces judicial accountability without expanding government authority. It does not create any new government programs, agencies, or enforcement mechanisms. Rather than growing the size or scope of government, it narrows and clarifies existing powers by placing guardrails around how courts may exercise discretion in sensitive family law matters. This is consistent with principles of limited government and procedural due process.

Equally important, HB 3783 does not increase the burden on taxpayers. According to the Legislative Budget Board, the bill is not expected to have a significant fiscal impact at the state level. While local courts could see an increase in motions to modify existing orders due to the bill’s provision recognizing its changes as a "material and substantial change of circumstances," any resulting costs are anticipated to be manageable and context-dependent.

Lastly, the bill does not impose new or significant regulatory burdens on individuals or businesses. It modestly clarifies qualification criteria for mental health professionals involved in court-ordered counseling, requiring relevant training in family violence dynamics if applicable. These requirements align with existing licensing norms and do not introduce new licensure or compliance structures.

In summary, HB 3783 improves legal protections for children and families without expanding government size, raising taxpayer costs, or imposing undue regulation. It is a principled and narrowly tailored reform that supports individual liberty, due process, and responsible judicial conduct. As such, Texas Policy Research recommends that lawmakers vote YES on HB 3783.

  • Individual Liberty: The bill directly promotes individual liberty by safeguarding the rights of children and non-offending parents in high-conflict custody disputes. By prohibiting courts from ordering victims of family violence or sexual abuse to undergo joint counseling with abusers, the bill affirms the right to bodily autonomy and emotional safety. It also protects children from being subjected to forced isolation, out-of-state removals, and coercive “reunification therapy,” which may involve physical restraint or psychological manipulation. These restrictions uphold personal freedom and ensure that state authority cannot be used to violate the dignity or well-being of family members.
  • Personal Responsibility: While the bill does not directly impose new responsibilities on individuals, it reinforces judicial responsibility by requiring courts to carefully consider evidence of abuse before mandating counseling. It ensures that the parties involved in litigation are treated with fairness and that mental health professionals are held to appropriate professional standards. This encourages responsible decision-making by both courts and professionals involved in sensitive family law matters.
  • Free Enterprise: The bill does not create any new regulations on private businesses or significantly impact the counseling industry as a whole. However, it does raise minimum standards for court-ordered counselors by requiring training in family violence dynamics (when relevant). These standards are minimal and consistent with public safety goals, and they do not interfere with or inhibit private enterprise. They do, however, promote a higher quality of service and reduce the risk of unethical or fringe practices being imposed through state authority.
  • Private Property Rights: While not directly altering property rights, the bill supports the rights of parents and guardians to maintain contact with their children unless a court has found otherwise through due process. It prohibits court-ordered counseling from undermining possession or access rights without legal justification, thereby indirectly supporting parental authority and the sanctity of the family unit.
  • Limited Government: The bill narrows the discretion of courts to impose controversial or extreme forms of counseling. Rather than expanding judicial power, it curtails state overreach by barring practices that infringe on individual liberty, such as forced family separation or coercive transportation of children. This restraint of government authority is a clear affirmation of the principle of limited government and reinforces the rule of law by anchoring decisions in objective safety standards and established due process protections.
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