By Farrar                                              H.B. No. 647
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the modification of an order providing for a managing
    1-3  conservator's or possessory conservator's possession of and access
    1-4  to a child on a 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 D, Chapter 156, Family Code, as added
    1-7  by House Bill 655, Acts of the 74th Legislature, Regular Session,
    1-8  1995, is amended by adding Section 156.304 to read as follows:
    1-9        Sec. 156.304.  MODIFICATION OF ORDER ON CONVICTION FOR CHILD
   1-10  ABUSE.  (a)  The conviction or an order deferring adjudication of
   1-11  an individual who is a possessory conservator or a sole or joint
   1-12  managing conservator for an offense involving the abuse of a child
   1-13  under Section 21.11, 22.011, or 22.021, Penal Code, is a material
   1-14  and substantial change of circumstances sufficient to justify a
   1-15  modification of an existing court order or portion of a decree that
   1-16  provides for the appointment of a conservator or that sets the
   1-17  terms and conditions of conservatorship for or access to a child.
   1-18        (b)  A person commits an offense if the person files a motion
   1-19  to modify an order or portion of a decree under this section and
   1-20  the person knows that the person against whom the motion is filed
   1-21  has not been convicted of or received deferred adjudication for an
   1-22  offense under Section 21.11, 22.011, or 22.021, Penal Code.  An
   1-23  offense under this subsection is a Class B misdemeanor.
    2-1        SECTION 2.  This Act takes effect September 1, 1995, and
    2-2  applies to any order or portion of a decree appointing a managing
    2-3  conservator, a possessory conservator, or a joint managing
    2-4  conservator without regard to whether the order or decree was
    2-5  entered before, on, or after the effective date of this Act.
    2-6        SECTION 3.  The importance of this legislation and the
    2-7  crowded condition of the calendars in both houses create an
    2-8  emergency and an imperative public necessity that the
    2-9  constitutional rule requiring bills to be read on three several
   2-10  days in each house be suspended, and this rule is hereby suspended.