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.