1-1 By: Farrar (Senate Sponsor - Luna) H.B. No. 647
1-2 (In the Senate - Received from the House May 15, 1995;
1-3 May 16, 1995, read first time and referred to Committee on
1-4 Jurisprudence; May 24, 1995, reported favorably by the following
1-5 vote: Yeas 6, Nays 0; May 24, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the modification of an order providing for a managing
1-9 conservator's or possessory conservator's possession of and access
1-10 to a child on a conviction for child abuse; providing a penalty.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Subchapter D, Chapter 156, Family Code, as added
1-13 by House Bill 655, Acts of the 74th Legislature, Regular Session,
1-14 1995, is amended by adding Section 156.304 to read as follows:
1-15 Sec. 156.304. MODIFICATION OF ORDER ON CONVICTION FOR CHILD
1-16 ABUSE. (a) The conviction or an order deferring adjudication of
1-17 an individual who is a possessory conservator or a sole or joint
1-18 managing conservator for an offense involving the abuse of a child
1-19 under Section 21.11, 22.011, or 22.021, Penal Code, is a material
1-20 and substantial change of circumstances sufficient to justify a
1-21 modification of an existing court order or portion of a decree that
1-22 provides for the appointment of a conservator or that sets the
1-23 terms and conditions of conservatorship for or access to a child.
1-24 (b) A person commits an offense if the person files a motion
1-25 to modify an order or portion of a decree under this section and
1-26 the person knows that the person against whom the motion is filed
1-27 has not been convicted of or received deferred adjudication for an
1-28 offense under Section 21.11, 22.011, or 22.021, Penal Code. An
1-29 offense under this subsection is a Class B misdemeanor.
1-30 SECTION 2. This Act takes effect September 1, 1995, and
1-31 applies to any order or portion of a decree appointing a managing
1-32 conservator, a possessory conservator, or a joint managing
1-33 conservator without regard to whether the order or decree was
1-34 entered before, on, or after the effective date of this Act.
1-35 SECTION 3. The importance of this legislation and the
1-36 crowded condition of the calendars in both houses create an
1-37 emergency and an imperative public necessity that the
1-38 constitutional rule requiring bills to be read on three several
1-39 days in each house be suspended, and this rule is hereby suspended.
1-40 * * * * *