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.