By:  Schechter                                         H.B. No. 548
       73R1614 JMM-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the suspension of a managing conservator's or
    1-3  possessory conservator's possession of and access to a child on a
    1-4  conviction for child abuse; providing a penalty.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Subchapter A, Chapter 14, Family Code, is amended
    1-7  by adding Section 14.083 to read as follows:
    1-8        Sec. 14.083.  MODIFICATION OF ORDER ON CONVICTION FOR CHILD
    1-9  ABUSE.  (a)  The conviction of an individual who is a possessory
   1-10  conservator or a sole or joint managing conservator for an offense
   1-11  involving the abuse of a child in any manner described by Section
   1-12  34.012 of this code is a material and substantial change of
   1-13  circumstances sufficient to justify a modification of an existing
   1-14  court order or portion of a decree that provides for the
   1-15  appointment of a conservator or that sets the terms and conditions
   1-16  of conservatorship for or access to a child.
   1-17        (b)  At the hearing on a motion to modify an order or portion
   1-18  of a decree under this section, the court shall order the permanent
   1-19  suspension of the order or portion of a decree in relation to the
   1-20  individual alleged to have been convicted for the abuse of a child
   1-21  and shall modify the order or decree or issue a replacement order
   1-22  or decree unless the individual provides clear and convincing
   1-23  evidence that the individual has not been convicted of the offense
   1-24  involving the abuse of a child.
    2-1        (c)  Except as provided by Subsection (d) of this section,
    2-2  during the suspension of the order or portion of a decree, the
    2-3  individual convicted of an offense involving the abuse of a child
    2-4  may not have contact with or exercise any other rights under the
    2-5  order or portion of the decree with respect to the child or another
    2-6  child for whom the individual is a possessory conservator or a sole
    2-7  or joint managing conservator.
    2-8        (d)  A modified or replacement order or portion of a decree
    2-9  entered under this section may provide that the individual
   2-10  convicted may have access to a child for whom the individual was a
   2-11  possessory conservator or a sole or joint managing conservator
   2-12  before the suspension of the order or portion of a decree if the
   2-13  access is supervised in a manner ordered by the court and the court
   2-14  determines that the access is in the best interests of the child.
   2-15        (e)  Notwithstanding Section 11.11(b) of this code, the court
   2-16  may issue temporary orders under Section 11.11 of this code that
   2-17  have the effect of suspending the order or portion of a decree in
   2-18  relation to the individual alleged to have been convicted for the
   2-19  abuse of a child during the time that a hearing on the modification
   2-20  of the order is pending under this section.
   2-21        (f)  A person commits an offense if the person knowingly or
   2-22  intentionally files a motion to modify an order or portion of a
   2-23  decree under this section that the person knows lacks factual
   2-24  foundation.  An offense under this subsection is a Class B
   2-25  misdemeanor.
   2-26        SECTION 2.  This Act takes effect September 1, 1993, and
   2-27  applies to any order or portion of a decree appointing a managing
    3-1  conservator, a possessory conservator, or a joint managing
    3-2  conservator without regard to whether the order or decree was
    3-3  entered before, on, or after the effective date of this Act.
    3-4        SECTION 3.  The importance of this legislation and the
    3-5  crowded condition of the calendars in both houses create an
    3-6  emergency   and   an   imperative   public   necessity   that   the
    3-7  constitutional rule requiring bills to be read on three several
    3-8  days in each house be suspended, and this rule is hereby suspended.