By Farrar H.B. No. 647
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 a
1-4 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 A, Chapter 14, Family Code, is amended
1-7 by adding Section 14.083 to read as follows:
1-8 Sec. 14.083. MODIFICATION OF ORDER ON CONVICTION FOR CHILD
1-9 ABUSE. (a) The conviction of an individual who is a possessory
1-10 conservator or a sole or joint managing conservator for an offense
1-11 involving the abuse of a child in any manner described by Section
1-12 34.012 of this code is a material and substantial change of
1-13 circumstances sufficient to justify a modification of an existing
1-14 court order or portion of a decree that provides for the
1-15 appointment of a conservator or that sets the terms and conditions
1-16 of conservatorship for or access to a child.
1-17 (b) At the hearing on a motion to modify an order or portion
1-18 of a decree under this section, the court shall order the permanent
1-19 suspension of the order or potion of a decree in relation to the
1-20 individual alleged to have been convicted for the abuse of a child
1-21 and shall modify the order or decree or issue a replacement order
1-22 or decree unless the individual has not been convicted of the
1-23 offense involving the abuse of a child.
2-1 (c) Except as provided by Subsection (d) of this section,
2-2 during the suspension of the order or portion of a decree, the
2-3 individual convicted of an offense involving the abuse of a child
2-4 may not have contact with or exercise any other rights under the
2-5 order or portion of the decree with respect to the child or another
2-6 child for whom the individual is a possessory conservator or a sole
2-7 or joint managing conservator.
2-8 (d) A modified or replacement order or portion of a decree
2-9 entered under this section may provide that the individual
2-10 convicted may have access to a child for whom the individual was a
2-11 possessory conservator or a sole or joint managing conservator
2-12 before the suspension of the order or portion of a decree if the
2-13 access is supervised in a manner ordered by the court and the court
2-14 determines that the access is in the best interests of the child.
2-15 (e) Notwithstanding Section 11.11(b) of this code, the court
2-16 may issue temporary orders under Section 11.11 of this code that
2-17 have the effect of suspending the order or portion of a decree in
2-18 relation to the individual alleged to have been convicted for the
2-19 abuse of a child during the time that a hearing on the modification
2-20 of the order is pending under this section.
2-21 (f) A person commits an offense is the person knowingly or
2-22 intentionally files a motion to modify an order or portion of a
2-23 decree under this section that the person knows lacks factual
2-24 foundation. An offense under this subsection is a Class B
2-25 misdemeanor.
3-1 SECTION 2. This Act takes effect September 1, 1995, and
3-2 applies to any order or portion of a decree appointing a managing
3-3 conservator, a possessory conservator, or a joint managing
3-4 conservator without regard to whether the order or decree was
3-5 entered before, on, or after the effective date of this Act.
3-6 SECTION 3. The importance of this legislation and the
3-7 crowded condition of the calendars in both houses create an
3-8 emergency and an imperative public necessity that the
3-9 constitutional rule requiring bills to be read on three several
3-10 days in each house be suspended, and this rule is hereby suspended.