By:  Culberson                                         H.B. No. 885
       73R2798 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 the
    1-4  filing of a petition alleging sexual abuse; providing a penalty.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 14.08(a), Family Code, is amended to read
    1-7  as follows:
    1-8        (a)  Except as provided by Section 14.083 of this code, a <A>
    1-9  court order or the portion of a decree that provides for the
   1-10  support of a child or the appointment of a conservator or that sets
   1-11  the terms and conditions of conservatorship for, support for, or
   1-12  access to a child may be modified only by the filing of a motion in
   1-13  the court having continuing, exclusive jurisdiction of the suit
   1-14  affecting the parent-child relationship as provided by Section
   1-15  11.05 of this code.  Any party affected by the order or the portion
   1-16  of the decree to be modified may file the motion.
   1-17        SECTION 2.  Section 14.081(a), Family Code, is amended to
   1-18  read as follows:
   1-19        (a)  Except as provided by Section 14.083 of this code,
   1-20  modification <Modification> of a court decree that provides for
   1-21  joint conservatorship is subject to the procedural provisions of
   1-22  Sections 14.08(a), (b), and (g) of this code, but the standards to
   1-23  modify the joint conservatorship are established by this section.
   1-24        SECTION 3.  Subchapter A, Chapter 14, Family Code, is amended
    2-1  by adding Section 14.083 to read as follows:
    2-2        Sec. 14.083.  TEMPORARY SUSPENSION OF POSSESSION ON A
    2-3  PETITION ALLEGING SEXUAL ABUSE OF A CHILD.  (a)  A court having
    2-4  jurisdiction over the suit affecting the parent-child relationship
    2-5  shall, as provided by this section, suspend an order appointing:
    2-6              (1)  a parent or other individual as managing
    2-7  conservator or possessory conservator of the child; or
    2-8              (2)  both parents as joint managing conservators of the
    2-9  child.
   2-10        (b)  On the filing of a petition by an individual who is a
   2-11  sole or joint managing conservator or possessory conservator
   2-12  alleging that an individual who is a sole or joint managing
   2-13  conservator or possessory conservator has sexually abused the child
   2-14  in a manner described by Section 34.012(1)(E), (F), or (G) of this
   2-15  code, the court shall suspend the order in relation to the
   2-16  individual alleged to have sexually abused the child.
   2-17        (c)  The court may not reinstate the suspended order until a
   2-18  hearing on the petition is held by the court as provided by this
   2-19  section.
   2-20        (d)  An individual who is indigent may file a petition under
   2-21  this section without the assistance of an attorney.
   2-22        (e)  During the suspension of the order, the individual
   2-23  alleged to have sexually abused the child may not have contact with
   2-24  the child or exercise any other rights under the order with respect
   2-25  to the child.
   2-26        (f)  The court shall schedule a hearing before the 10th day
   2-27  after the date of the suspension of the order.  The court shall
    3-1  provide notice at least three days before the date of the hearing
    3-2  to those persons entitled to citation under Section 11.09 of this
    3-3  code.
    3-4        (g)  At the hearing on the petition, the court shall order
    3-5  the permanent suspension of the order and shall modify the order or
    3-6  issue a replacement order unless the individual alleged to have
    3-7  sexually abused the child provides clear and convincing evidence
    3-8  that the allegations of sexual abuse of the child are false.
    3-9        (h)  If the court orders a permanent suspension, the court
   3-10  shall transmit all evidence submitted at the hearing to the
   3-11  district attorney's office for the county in which the individual
   3-12  found to have sexually abused the child resides.
   3-13        (i)  A person commits an offense if the person knowingly or
   3-14  intentionally files a petition under this section that the person
   3-15  knows lacks factual foundation.  An offense under this subsection
   3-16  is a Class B misdemeanor.
   3-17        SECTION 4.  This Act takes effect September 1, 1993, and
   3-18  applies to any order appointing a managing conservator, a
   3-19  possessory conservator, or a joint managing conservator without
   3-20  regard to whether the order was entered before, on, or after the
   3-21  effective date of this Act.
   3-22        SECTION 5.  The importance of this legislation and the
   3-23  crowded condition of the calendars in both houses create an
   3-24  emergency and an imperative public necessity that the
   3-25  constitutional rule requiring bills to be read on three several
   3-26  days in each house be suspended, and this rule is hereby suspended.