BILL ANALYSIS
H.B. 647
By: Farrar (Luna)
Jurisprudence
5-25-95
Senate Committee Report (Unamended)
BACKGROUND
It is possible for a judge to deny a motion to restrict visitation
rights of parents who have been convicted of the sexual assault of
a child. For a judge to order a change in a managing or possessory
conservator's visitation access, the judge must first find that
there has been a material or substantial change of circumstances
sufficient to justify a modification.
PURPOSE
As proposed, H.B. 647 authorizes an order or decree setting forth
terms of conservatorship or possessory conservator's possession of
an access to a child to be modified on a conviction of child abuse;
provides a penalty.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Chapter 156D, 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. (a) Provides that the conviction or an order deferring
adjudication of an individual who is a possessory conservator
or a managing conservator for an offense involving child abuse
is a material and substantial change of circumstances
sufficient to justify a modification of an existing court
order or decree that provides for the appointment of a
conservator or sets the conditions of conservatorship for or
access to a child.
(b) Provides that a person commits a Class B misdemeanor
offense if the person files a motion to modify an order or
decree and the person knows that the person against whom the
motion is filed has not been convicted of or received
deferred adjudication for an offense.
SECTION 2. Effective date: September 1, 1995.
Makes application of this Act retroactive.
SECTION 3. Emergency clause.