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.
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