BILL ANALYSIS C.S.H.B. 647 By: Farrar 05-02-95 Committee Report (Substituted) BACKGROUND Under Texas law, it is possible for a judge to deny a motion to restrict visitation rights of parents who have been convicted of sexual assault of a child. For a judge to order a change in a managing or possessory conservator's visitation access, that judge must first find that there has been a material or substantial change of circumstances sufficient to justify a modification. PURPOSE The purpose of C.S.H.B. 647 is to define a conviction for sexual assault of a child as a material and substantial change, for purposes of justifying a modification of a visitation order. Creates an offense for the knowing filing of a false motion. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter D, Chapter 156, Family Code, as added by H.B. 655, Acts of the 74th Legislature, Regular Session, 1995, by adding Section 156.304 as follows: Sec. 156.304. MODIFICATION OF ORDER ON CONVICTION FOR CHILD ABUSE. Provides that the conviction or deferred adjudication of a conservator for a sexual assault offense on a child is a material and substantial change which justifies the modification of a conservatorship or visitation order. Provides that filing a motion under this section if the movant knows that the person against whom the motion was filed has not been convicted or received deferred adjudication for sexual assault on a child is a Class B misdemeanor. SECTION 2. Effective date: September 1, 1995. Makes application of this Act retroactive. SECTION 3. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 647 provides that deferred adjudication, in addition to a conviction, for an offense listed under Section 21.11, 22.011, or 22.021, Penal Code, is a material change which justifies the modification of a conservatorship or visitation order. Clarifies language creating a Class B misdemeanor offense for knowingly filing a false motion under this section. C.S.H.B. 647 deletes subsections relating to a hearing on a motion to modify, to the rights of an individual during the suspension of an order or under a modified or replacement order, and to the issuance of temporary orders during the time that a hearing is pending under this section. SUMMARY OF COMMITTEE ACTION H.B. 647 was considered in a public hearing on April 5, 1995. The following persons testified in favor of the bill: Betsi Sanchez, representing Child Advocates Inc.; Shannon Noble, representing Texas Women's Political Caucus. The following person testified neutrally on the bill: Robert L. Green Jr., representing himself, Primary Nurturing Fathers of Texas/Texas Fathers Alliance. The bill was left pending in committee. On April 12, 1995, in a public hearing, the committee considered a complete substitute which was adopted without objection. H.B. 647 was reported favorably as substituted with the recommendation that it do pass and be printed by a record vote of 6 ayes, 0 nays, 0 pnv, 0 absent.